THE NK^W 



MAINE TOWNSMAN, 



OR 



LAWS FOR THE REGDLATION OP TOWNS. 



FORMS AND JUDICIAL DECISIONS, 



ADAPTED TO THE 



EEVISED STATUTES OE MAINE. 



BENJAMIN KINGSBURY, Je., 

COUN8ELOK AND ATTORNEY AT LAW.' 



FIFTEENTH EDITION. ^"" 




PORTLAND: 






Entered according to Act of Congress, in the year 1885, by 

BAILEY & NOTES, 

In the oflJce of the Librarian of Congress, at "Washington, D. C. 



STEEEOTYPED AND PRINTED BT 
BEOWIT THUESTON & COMPANY, POETLAND. 






PEEFACE 

TO THE FIIHTEEnS-TII EDITION". 

?J 

The success of the Maine Townsman is shown by the 
fact that the fourteenth edition has been entirely ex- 
hausted by the constant demand ; and we now have the 
pleasure of presenting to the public the fifteenth edition. 

This work has been thoroughly revised, in accordance 
with the new Revised Statutes, which took effect January 
1, 1884, and mucli new matter of importance has been 
added. Not the least valuable, we apprehend, are the 
decisions of the supreme courts of this State and Massa- 
chusetts, touching the various duties and rights of town 
officers and citizens. 

This compilation is designed as an aid to business men, 
and particularly to officers of towns in the discharge of 
municipal duties. It includes statutes, and references to 
judicial decisions, and appropriate forms, which will be 
found convenient and useful in the absence of professional 
assistance. 

But though the specific design is as stated above, the 
work has been found to be eminently useful to the mem- 
bers of the legal profession, as it presents, in a compendi- 
ous form, the legislative enactments and legal decisions 
upon questions which are constantly arising in the course 
of their practice. 

The Probate Forms appended to the work were pre- 
pared by a member of the Cumberland Bar, who is thor- 
oughly versed in the routine of the business, and are 
designed to facilitate parties in the course of administra- 



4 PREFFACE. 

tion and guardianship. They are arranged in the order in 
which they may be wanted for use, and a few brief notes 
of explanation or direction are appended, wherever they 
were deemed necessary. Applications to the courts of pro- 
bate, as for letters of administration, power to sell real es- 
state, assignment of dower, as well as all accounts of ad- 
ministration, returns of committees and commissioners, 
and other documents, are to be presented to the judges 
of probate, before their orders or decrees are to be made 
upon them. These forms will enable the parties to prepare 
their own papers. Such only have been compiled as are 
commonly wanted in the transaction of probate courts, and 
by persons interested in the making of wills, the settle- 
ment of estates, and the custody of the persons or prop- 
erty of minors and others incompetent to manage their 
own affairs. The papers which it is the duty of the court 
to furnish are omitted. 

The Miscellaneous Forms are inserted for the conven- 
ience of the business public, and will be found, in that 
respect, valuable additions to the work. 

The chapters and sections of the Revised Statutes are 
referred to thus : R. S. c, §. The reports of judicial de- 
cisions are referred to by the volume and pac/e. The acts 
of the legislature, published since the revision of the code, 
are referred to by the word Act. The constitution of the 
State is referred to by the abbreviation Const. The ab- 
breviation lb. refers to the next preceding authority. 



CONTENTS. 



TITLE I. 

TOTNTN^S AND TOWN LIEETINGS. 

Pagb 

Chapter 1. Towns 9 

Chapter 2, To\vn boundaries and perambulations 14 

Chapter 3. Town meetings 17 

Chapte'r 4. Annual meetings 21 

Chapter 5. Moderator 24 

Chapter 6. Oaths of town officers 25 

TITLE II. 

ELECTIONS. 

Chapter 7. Rights and qualifications of voters 28 

Chapter 8. List of voters 31 

Chapter 9. Notifying meetings 34 

Chapter 10. Proceedings at elections 36 

Chapter 11. Election of Governor 42 

Chapter 12. Election of Senators 43 

Chapter 13. Electionof Representatives to the State Legislature 44 

Chapter 14. Election of Representatives in classed towns 46 

Chapter 15. Apportionment of Representatives 48 

Chapter 16. Election of Representatives to Congress 53 

ChajDter 17. Election of register of Deeds, County Treasurer, 

and other county officers 55 

Chapter 18. Elections in cities 58 

Chapter 19. Elections in plantations 60 

ChaiDter 20. Returns of votes 64 

Chapter 21. Of Electors of President and Vice-president 65 

Chapter 22. General provisions 67 



TITLE III. 

TAXES. 

Chapter 23. Persons and property liable to taxation, and ex- 
empted therefrom. 70 

(6) 



b CONTENTS. 

Chapter 24. Where and to whom persons and property shall be 

taxed , 73 

Chapter 25. Valuation and invoice 83 

Chapter 26. Taxes on lands in unincorporated places 85 

Chapter 27. The appraisal of taxable property, and tax table, . . 90 

Chapter 28. Assessors of town taxes 91 

Chapter 29. Assessment of taxes in plantations 98 

Chapter 30. Supplementary assessments and abatements 99 

Chapter 31. Collector of taxes 102 

Chapter 32. Distress and commitment for non-payment of taxes. 108 

Chapter 33. Unpaid taxes on real estate Ill 

Chapter 3i. Duties of Town Treasurer when collector of taxes. 119 

TITLE IV. 

HIGHWAYS, BRIDGES, ETC. 

Chapter 35. Town ways and private ways 122 

Chapter 36. Power of county commissioners relating to town 

ways 126 

Chapter 37. Liability of towns to repair highways 129 

Chapter 38. Obstructions in highways 133 

Chapter 39. Surveyors of highways 134 

Chapter 40. Eoad commissioners '. 140 

Chapter 41. Guide-posts 142 

Chapter 42. Law of the road 143 

Chapter 43. Railroads and steamboats 146 

Chapter 44. Toll-bridges • 150 

Chapter 45. Ferries 152 

Chapter 46. Aqueducts 155 

Chapter 47. Drains and common sewers 158 



TITLE V. 

SCHOOLS, PARISHES, MEETING-HOUSES, SCHOOL LANDS & FUNDS. 

Chapter 48. Duties of towns 164 

Chapter 49. Powers and obligations of school districts 167 

Chapter 50. Assessment and collection of money by school dis- 
tricts..... 174 

Chapter 51. School districts formed from two or more towns. . . 176 
Chapter 52. Powers and duties of superintending school com- 
mittees. 178 



CONTENTS. 7 

Chapter 53. Powers and duties of school agents 182 

Chapter 54. Duties and qualifications of school teachers 183 

Chapter 55. Schools in plantations organized for election pur- 
poses 185 

Chapter 56. General provisions relative to education 186 

Chapter 57. Parishes 188 

Chapter 58. Meeting-houses 194 

Chapter 59. Ministerial and school lands and funds 187 



TITLE YI. 

PAUPERS. 

Chapter 60. Settlement of paupers 200 

Chapter 61. Legal decisions relative to the settlement of paupers. 202 

Chapter 62. Duty of towns relative to the poor — 208 

Chapter 63. Overseers of the poor 211 

Chapter 64. Duty of kindred to support poor relatives 219 

Chapter 65. Bastard children, and their maintenance 220 

Chapter 66. Insane persons 225 

Chapter 67. Town houses of correction 230 

Chapter 68. Work-houses 232 



TITLE YII. 

THE HEALTH, SAFETY, AND GOOD ORDER OF TOWNS. 

Chapter 69. Prevention of contagious sickness , 236 

Chapter 70. Health committee 240 

Chapter 71. Quarantine regulations 241 

Chapter 72. Town hospitals 242 

Chapter 73. Nuisances 244 

Chapter 74. Engine-men and fires 248 

Chapter 75. Prevention of fires 251 

Chapter 76. Watch and ward 254 

Chapter 77. Innholders and victualers 257 

Chapter 78. Eeligious meetings and Lord's day 260 

Chapter 79. Public exhibitions, bowling-alleys, and billiard 

rooms 262 

Chapter 80. Gambling 264 

Chapter 81. Mischievous dogs, wolves and bears, moose and deer 266 

Chapter 82. Burying-grounds and dead bodies 271 

Chapter 83. Unwholesome provisions and drinks, and poisons. . 273 



CONTENTS. 



TITLE YIIT. 

REGULATIONS CONCERNING PROPERTY. 

Chapter 84. Pounds, and impounding beasts 274 

Chapter 85. Fences and common fields 281 

Chapter 86. Lost goods 292 

Chapter 87. Auctions and auctioneers 294 

Chapter 88. Pawnbrokers and intelligence offices 296 

Chapter 89. Libraries, and charitable and benevolent societies. 297 

Chapter 90. Hawkers and peddlers. 299 

Chapter 91. Property exempted from attachment and execution 301 

Chapter 92. Eights of married women 303 

Chapter 93. Rights of mechanics and laborers 306 

Chapter 94. Adoption of children 310 

Chapter 95. Masters, apprentices, and servants 311 



TITLE IX. 

DUTIES AND RIGHTS OF TOWN OFFICERS AND OTHERS. 

Chapter 96. Selection and service of jurors 313 

Chapter 97. Coroners and coroners' inquests 318 

Chapter 98. Constables 322 

Chapter 99. Special duties of town clerks 324 

Chapter 100. Marriages, births, deaths 327 

Chapter 101. Eeference of disputes by consent 332 

Chapter 102. Fees of justices of the peace 333 

Chapter 103. Inspection of lime and lime casks . S35 

Chapter 104. Inspection of pot and pearl ashes 338 

Chapter 105. Inspection of leather, boots, and shoes 339 

Chapter 106. Inspection of fish 341 

Chapter 107. Fisheries 347 

Chapter 108. Survey of wood, bark, coal, hoops, staves, and 

lumber 357 

Chapter 109. Weights and measures 363 

Chapter 110. Inspection of beef and pork 367 

EORMS. 

Probate forms. • « 377 

Miscellaneous forms 354 



MAINE TOWNSMAN. 



TITLE 1. 

TOWNS AND TOWN MEETINGS. 

Chaptee 1. Towns. 

Chaptee 2. Town boundaries and perambulations. 

Chaptee 3. Town meetings. 

Chaptee 4. Annual meetings. 

Chaptee 5. Moderator. 

Chaptee 6. Oaths of town officers. 



CHAPTER I. 



TOWNS. 



What is a town ? 

The word "town," how construed. 

Towns are corporations. 

Liability of towns for their asses- 
sors. 

Towns may raise money. 

What are '-necessary charges." 

Towns shall not exceed their pow- 
ers. 

Towns may make by-laws. 

Warrants of distress against towns. 

Towns liable for assessments. 

Classification of representatives. 

Towns not liable as trustees. 

Towns may release a debt. 

Limitation of representatives. 

Divisions of towns. 

Legislatures may make new towns. 

Proceedings of towns to be con- 
strued liberally. 

Illegal assessments. 



19. When towns may hire money. 

20. A new town may not accept the 

act of incorporation. 

21. Agents of towns. 

22. Towns derive their power from the 

legislature 

23. Selectmen may employ counsel. 

24. Wards in cities. 

25. When assessors, etc., in cities elect- 

ed. 

26. Wardens and clerks of cities, how 

elected. 

27. Mayors of cities have casting vote 

in election, and power of removal. 

28. Towns may ratify or rescind, when. 

29. Adjournment of meetings. 

30. Towns not liable, when. 

31. Fourth of July, no power to ap- 

propriate money. 

32. May let portions of town-house. 

33. Cannot offer rewards for criminals. 



1. A Towis^ is an organized portion of the inhabitants 
of the State within defined limits of territory, within the 

(9) 



10 MAINE TOWNSMAN. 

same county. The boundaries of towns are created and 
may be changed by legislative enactments, but no corpo- 
rate acts by the inhabitants thereof can alter them. 38 
Maine, 37. 

2. The word " town " includes cities and plantations, un- 
less otherwise expressed or implied. R. S. c. 1, § 17. 

3. The inhabitants of each town are a body coq^orate, 
capable of suing and of being sued, and of appointing 
attorneys and agents. lb. c. 3, § 1. 

4. The assessors of towns, plantations, school districts, 
parishes, and religious societies shall not be responsible for 
the assessment of any tax, which they are by law required 
to assess; but the liability shall rest solely with said 
corporations; and the assessors shall be responsible only 
for their own personal faithfulness and integrity. lb. c. 
6, § 39. 

5. The qualified voters of a town, at a legal town meet- 
ing, may raise such sums as are necessary for the mainte- 
nance and support of schools and the poor ; for making and 
repairing highways, townways, and bridges; purchasing 
and fencing buryiug-grounds ; purchasing or building and 
keeping in repair a hearse and house therefor, for the ex- 
clusive use of the citizens ; and for other necessary town 
charges. lb. c. 3, § 46. 

6. The " necessary charges " arising within any town in- 
clude expenses in conducting its municipal business; as 
the payment of town officers ; the support or defense of 
actions in which towns are parties ; the erection and main- 
tenance of guide-bo xrds, the erection of town-houses, 
market-houses, and work-houses ; the maintenance of 
watch and ward ; equipment of poor soldiers, and the dis- 
charge of duties imposed on towns by the militia law ; the 
purchase of standard weights and measures ; the mainte- 
nance of pounds and public clocks ; the indemnification of 
owners of buildings destroyed to stop fire ; and all expendi- 
tures required by law. When the laws impose upon towns 
any duty, the means required for the discharge of that 
duty would be a "necessary charge." 

7. The act of any town transcending its corporate pow- 
ers is illegal ; as a vote to repair a meeting-house or build 
a jail. 

8. Towns, cities, and village corporations may make 
such by-laws or ordinances as they think proper, not in- 
consistent with the laws of the State, and enforce them by 



TOWNS. 11 

suitable i^enalties, for the purposes and with the limitations 
following : E. S. c. 3, § 59. 

Fu'st. For managing their prudential affairs, with penalties 
not exceeding five dollars for one offence, subject to the ap- 
proval of the county commissioners, or a judge of the supreme 
judicial court. 

Second. For establishing police regulations for the preven- 
tion of crime, protection of property, and preservation of good 
order. 

Third. Respecting infectious diseases and health. 

Fourth. For regulating the going at large of dogs. 

Fifth. Respecting the measure and sale of wood, bark, and 
coal brought to market, and teams coming therewith. 

Sixth. For setting off portions of their streets for sidewalks, 
and keeping them clear of snow and other obstructions, and 
for planting and preserving of trees by the side thereof. 

Seventh. Respecting the location and protection of monu- 
ments, boundary-stones, curb-stones, stepping-stones or horse- 
blocks, trees, lamp-posts, posts, and hydrants, and all oiher 
things placed within the limits of their roads, ways and streets, 
by municipal authority and for legitimate municipal purposes; 
and no such objects placed as aforesaid, if located in accord- 
ance with such by-laws and ordinances, shall be deemed defects 
in such road, way or street. 

Eighth. Respecting the erection of wooden buildings therein , 
or buildings the exterior of which is in part of wood, and de- 
fining their proportions and dimensions; and any building 
erected contrary to a by-law or ordinance adopted under this 
specification is a nuisance. 

Ninth. For the regulation of all vehicles used therein, by 
establishing the rates of fare, routes and places of standing, and 
in any other respect; but by-laws and ordinances for this purpose 
shall be published one week at least before they take effect, in 
some newspaper printed therein, and penalties for their breach 
shall not exceed twenty dollars for one offence, to be recovered 
by complaint to the use of such city, town or corporation. 

Tenth. For protection of persons against injury from the 
sliding of snow and ice from roofs of buildings; but the muni- 
cipal authorities shall notify the owners of the buildings of 
by-laws or ordinances adopted under this specification, and if 
such owners do not comply with them in thirty days after 
notice, they shall be liable for all injury sustained by any per- 
son in consequence thereof; and said authorities, at the expense 
of their cities, towns or corporations, may place the required 
guards or other obstructions on the roofs of such buildings, 
and the reasonable charges therefor may be recovered of such 
owners. 



12 MAINE TOWNSMAN". 



Eleventh. Cities may establish localities for, and re^^ulate 
the sale of fresh meat and fish therein, and fix penalties for 
breach thereof. 

Twelfth. Cities may establish ordinances regulating the pur- 
chase and sale of articles usually bought by old junk dealeis, 
and may therein prescribe conditions to be observed by buyers 
and sellers, to prevent or detect the sale or purchase of stolen 
goods; and suitable penalties may be prescribed in such ordi- 
nances. 

9. All executions or warrants of distress against a town 
shall be issued against th-e goods and chattels of the in- 
habitants thereof, and against the real estate situated 
therein, whether owned by such town or not; and the 
officer executing them shall satisfy them by distress and 
sale of the goods and chattels of the inhabitants as pro- 
vided by law ; and for want thereof, after diligent search, 
which tact the officer shall certify in his return, he shall 
levy upon and sell so much of the real estate in said town 
by lots, as they are owned, occupied, or lotted out on the 
plan thereof, as is necessary to satisfy said precepts and 
expenses of sale. lb. c. 84, § 29. 

10. Towns and plantations are responsible for the as- 
sessment of any tax which the assessors are by law required 
to assess. 

11. When any town or plantation, not entitled to elect 
a representative, shall determine against a classification, 
the legislature may. at each apportionment of representa- 
tives, on the application of such town or plantation, au- 
thorize it to elect a representative for such portion of time, 
and at such periods, as shall be equal to its portion of 
representation. Const, art. 4, § 3. 

12. A town is liable to be summoned as a trustee. 
R. S. c. 86, § 8. 

13. Towns may release a debt, as well as contract one, 
by a vote of the majority. 8 Greenl. 334. But they 
have no right to give away money collected of the inhabi- 
tants by taxation. 14 Maine, 375. 

14. No town shall be entitled to more than seven repre- 
sentatives in the State legislature. Const, art. 4, § 3. 

15. Upon the division of any town, the old corporation 
shall retain all the property, rights, and privileges, and re- 
main subject to all its obligations and duties, unless the 
act for the same makes some new provision. 4 Mass. 352. 

16. The legislature alone has a right to divide the terri- 
tory of towns, and to make new towns. 



TOWNS. 13 

17. A liberal construction should be made to support 
the proceedings of towns, when no one is injured thereby. 
17 Maine, 444. 

18. Towns derive all their power to raise money for 
taxation by the statute, and a vote to raise money not au- 
thorized by the statute is illegal. 14 Maine, 375. 

19. The inhabitants of a town, against whom a warrant 
of distress has issued, may vote to raise money, either by 
loan or assessment, to satisfy the same. 20 Maine, 178. 

20. It is not necessary that a newly incorj)orated town 
should accept the act of corporation. The rule applies 
only to private corporations. 21 Maine, 58. 

21. Towns cannot authorize their agents to do what 
they have no right to do. 2 Kent, Com. 292. 

22. Towns derive all their powers as well as existence, 
from the legislature. 5 Johns. 358. 

23. Selectmen may employ counsel in behalf of the 
town. 14 Maine, 20. 

24. No change in the limits of any ward in any city by 
the action of the city council, shall be valid unless it is 
approved by a majority of the legal votes cast at the elec- 
tion of city officers, held next after such action of the city 
council; and the warrants for the ward meetings shall 
contain an article for that purpose. R. S. c. 3, § 31. 

25. The assessors and subordinate officers of cities, when 
their charters or acts additional thereto do not otherwise 
provide, shall be chosen on the second Monday of March 
annually, or as soon after as practicable, and hold their 
offices one year therefrom, and until others are chosen and 
qualified in their stead. lb. § 32. 

26. At the annual election for the choice of mayor and 
aldermen in cities, the qualified electors in each ward shall 
by written ballot elect a warden and clerk, who shall enter 
on the duties of their offices on the Monday next following 
their election, and shall hold their offices one year there- 
from, and until others are chosen and qualified in their 
places. lb. § 33. 

27. In the election of any city officers by ballot in the 
board of aldermen or in convention of the aldermen and 
common council, in which the mayor has a right to give 
a casting vote, if two or more candidates have each half of 
the ballots cast^ he shall determine and declare which of 
them IS elected. In all cases where appointments to 
office are directed or authorized to be made by the mayor 



u 



MAIXE TOWNSMAN". 



meeting, unless tlie rights of othei-s intervene. 



and aldermen of cities, they may be made by the mayor 
with the consent of the aldermen, and such officers may 
be removed by the mayor. lb. § 34. 

28. A toAvn may, by vote, ratify the proceedings of a 
prior illegal meeting, or may rescind a vote passed at 
a prior 
45 Maine, 193, 433. 

29. Towns may adjourn town meetings fi'om time to 
time, and place to place, as they may think proper. 48 
Maine, 440. 

30. Towns are not liable for the negligent, tortious, or 
careless acts of its health or police officers. 52 Maine, 118. 

31. Towns have no authority to appropriate money for 
the celebration of the Fourth of July. 1 Allen, 103. The 
power of cities depends upon their several charters. 

32. A town may let portions of its town-house. 3 Al- 
len, 9. 

33. Selectmen cannot bind their towns by offers of 
rewards for apprehension and conviction of criminals. 
8 Allen, 477. 



CHAPTER 11. 

TOWN BOUNDARIES AND PERAMBULATIONS. 



1. Perambulations. 

2. Stone monuments erected. 

3. Form of notice for perambulation. 

4. Return of perambulation. 

5. Supreme J. Court may settle lines. 



6. Form of petition to Sup. J. Court 

7. Alteration of lines. 

8. Record of perambulation. 
&, Right of selection. 



1. The lines between towns shall be run once in every 
five years, except as mentioned below. The municipal offi- 
cers of the most ancient town shall give ten days' notice 
in writing to such officers of the adjoining towns of the 
time and place of meeting for perambulation ; and the offi- 
cers who neglect their duty in notifying or attending in 
person, or by substitutes, shall forfeit and pay ten dollars, 
two-thirds to the use of the town which complies with its 
duty, and the other third to any two or more of said officers 
of the town complying, to be recovered at any time within 
two years after the forfeiture is incurred ; and the proceed- 



TOWN BOUNDARIES AND PERAMBULATIONS. 15 

ings of sucli officers, atter every such renewal of boundaries, 
shall be recorded in their town books. R. S. c. 3, § 65. 

2. All towns which, since the twenty-second day of 
March, eighteen hundred and twenty-eight, have perambu- 
lated, or hereafter perambulate, their several lines as by 
law prescribed, and set up stone monuments, at least two 
feet high, at all the corners and several angles, and where 
the lines cross highways, or on or near the banks of all 
rivers, bays, lakes, or ponds, which said lines cross, or 
which are the boundaries of said lines, shall be exempted 
jQ^-om the duty of perambulating said lines, except once in 
every ten years, commencing in ten years from the time 
the stone monuments were so erected. lb. § 66. 

3. The form of notice for perambulation is as follows : 

The selectmen of the town of -, to the selectmen of 

the town of : 

Gextleisien, — The subscribers, selectmen of , being 

selectmen of the most ancient of said towns, hereby give 

you notice to meet at -, on the day of , at 

o'clock in the forenoon, for the purpose of perambu- 
lating and running the lines between said towns, and re- 
newing the marks and bounds, according to the revised 
statutes of this State. 

Dated at , this day of , a. d. 18 — . 

A. B. 

C. D. y Selectmeji of- 

4. The return of perambulation is as follows : 

, Agreeably to notice given to the town of , by , 

of , to meet at , on the day of , A. d. 

18 — , for the purpose of perambulating and running lines 
between the said towns, and renewing the marks and 
bounds, we, the subscribers, selectmen, of said towns, have 
met at the time and place, and for the purposes aforesaid, 
and do make the following return of our doings. {Here 
insert the return of doings.) 

In witness whereof, we have hereunto mutually set our 

hands, this day of , a. d. 18 — . 

A.B.) G.H.] 

>. >• Selectmen of . H. I. >- 



C. D. >- Selectmen of . H. I. >- Selectmen of ■ 

E.F. ^ O. B.) 



16 MAINE TOWNSMAN. 

5. When a town petitions the supreme judicial court, 
stating that a controversy exists between it and an adjoin- 
ing one respecting a town line or lines, and j^raying that 
it may be run, the court, after due notice to all parties 
concerned, may appoint three commissioners, who shall, 
after giving notice to all persons interested of the time 
and place of meeting, ascertain and determine the line 
or lines in dispute, and describe them by courses and 
distances, and make,, set, and mention in their return 
suitable monuments and marks for the permanent estab- 
lishment of such lines, and make duplicate returns of 
their proceedings ; one of which shall be returned to 
the court, and the other to the office of the secretary of 
State ; and such line or lines shall be deemed in every 
court of law, and for every purpose, the true dividing 
line or lines between such towns. lb. § 67 ; 63, Maine, 324. 

6. The form of a petition to the supreme judicial court 
for the appointment of commissioners is as follows, in sub- 
stance : 

To the honorable justices of the supreme judicial court, 

to be holden at -, in and for the county of , on the 

day of — , A. D. 18 — . 

Respectfully represent, 

The, subscribers, selectmen of the town of , in said 

county that, on the day of last past, pursuant to 

a notice previously given, they met the selectmen of the 
town of , in said county, for the purpose of perambu- 
lating the lines between said towns, and renewing the 
marks and bounds thereon, but that a controversy exists 
between said parties, in renewing and establishing tli$ 
lines and bounds of said towns; wherefore your petition- 
ers pray your honors that the same may be run by com- 
missioners to be appointed by your honors, and that your 
honors will appoint commissioners to run said lines, and to 
ascertain and determine the line or lines in dispute, and 
describe the same by courses and distances, and mention 
in their return suitable monuments or marks for the per- 
manent establishment of such lines. 

A. B.) 

C. D. >• Selectmen of — . 

E. F.) 



TOWN MEETINGS. 17 

7. As the power of altering the lines of towns rests 
wholly with the legislature, the selectmen can only decide 
where the true town line is. 

8. The return of perambulation should be recorded in 
the records of each town ; and the town clerk should cer- 
tify at the bottom as follows : 

A true record of the original. 

Attest, A. B., Town Clerk, 

9. Where one had erected a dwelling-house on land, 
and lived thereon for a long time, but less than twenty 
years, claiming it as his own, and of which he was the ap- 
parent owner, which adjoined land on the line of the town, 
of which he was the undisputed owner, he is to be so far 
considered the owner as to have the right to make the 
election to which of the towns the land should belong. 
18 Maine, 113, 



CHAPTER III. 



TOWN MEETINGS. 



12. Illegal voting. 

13. Town meetings, illegally called. 

14. Town meetings, how regulated. 

15. Form o* an application to a justice 

to call a meeting. 

16. Form of a warrant of justice. 

17. Same subject. 

18. Form c)f constable's return. 

19. Constable may amend his return. 

20. Mode of notifying meetings. 

21. Selectmen not legally elected 

their power. 

22. Return of constable. 



1. Town meetings called by select- 

men. 

2. First town meeting, how called. 
S. Ten or more voters may request an 

article inserted in the warrant. 

4. Warrant, what it shall C)ntain. 

5. Warrant, to whom directed. 

6. Town meeting, how notified. 

7. Return of the warrant. 

8. Meetings to choose state officers. 

9. Qualification of voters. 

10. Adjournment of town meetings. 

11. Town meetings, how proved, 

23. Village corporation, meeting how called. 

1. Every town meeting, except in the cases mentioned 
in the two following sections, shall be called by a warrant 
signed by the selectmen of such town. R. S. c. 3, § 2. 

2. The first town meeting held in a town shall be called 
and notified in the manner prescribed in the act of incor- 
poration ; and if no mode is therein prescribed, by any 
justice of the peace in the same county. When a town 
once organized is destitute of ofiicers, a meeting may be 
called on application to such justice for his warrant for the 

2 



18 MAINE TOWNSMAN. 

purpose, made in writing by any three inhabitants thereof. 
When, by reason of death, removal, or resignation, a ma- 
jority of the selectmen do not remain in office, a majority 
of those remaining in office may call a town meeting. lb. 
§3. 

3. In case the selectmen unreasonably refuse to call a 
town meeting, any ten or more legal voters therein may 
apply to a justice of the peace in the county, who is there- 
by authorized to issue his warrant for calling such meeting. 
When ten or more of the qualified voters in town in writ- 
ing request the selectmen to insert a particular matter or 
thing in a warrant for calling a town meeting, they shall 
insert it in the next warrant that they issue therefor, or 
shall call a special meeting for the consideration thereof, 
lb. § 4. 

4. In either case, the warrant shall sj^ecify the time and 
place at which the meeting is to be held, and in distinct 
articles state the business to be acted upon at such meet- 
ing ; and no other business shall be there acted upon. 
lb. § 5. 

5. The warrant may be directed to any constable of the 
town, or any individual by name, directing him to warn 
and notify all persons by law qualified to vote at such 
meeting, to assemble at the time and place appointed, 
lb. § 6. 

6. Such meeting shall be notified by the person to whom 
the warrant is directed, by posting up an attested copy 
thereof in some public and conspicuous place in said town 
seven days before the meeting, unless the town has ap- 
pointed, by vote, in legal meeting, a difierent mode, which 
any town may do. In either case, the person who notifies 
the meeting shall make his return on the warrant, stating 
the manner of notice, and the time it was given. lb. § 7. 
An ofiicer's return, showing that he posted the notice in a 
" public " place, without saying in a " public and conspic- 
uous place," is insufficient. At a meeting thus insuffi- 
ciently called,*no officer can be legally chosen ; and a person 
elected at such a meeting, though sworn into his office, can 
draw no jurisdiction therefrom for acts done under color 
of the office. 34 Maine, 575. 

7. When omissions or errors exist in the records or tax- 
lists of a town or school district, or in the returns of war- 
rants for meetings thereof, they may be amended, on oath, 
according to the fact, by the officer whose duty it was to 



TOWN MEETINGS. 19 

have made them correctly, while in or after he ceases to 
be in office. If the original warrant is lost or destroyed, 
the return, or an amendment of it, may be made upon a 
copy thereof. R. S. c. 3, § 10. 

8. Town meetings for the choice of governor, senators, 
and representatives, shall be on the second Monday of 
September, annually. Const, art. 2, § 4. 

9. Every person qualified to vote for governor, sena- 
tors, and representatives, in the town in which he resides, 
is entitled to vote in the election of town officers, and in 
all the affairs. R. S. c. 3, § 11. 

10. Any town meeting, after it is organized, may be ad- 
journed from time to time,^and to such place, within the 
same town, or may be dissolved, as a majority of voters 
may determine. 13 Fairfield, 466 ; 48 Maine, 440. 

11. A town meeting can only be proved by the records, 
unless they be lost or destroyed. 

12. If any person should vote, not legally authorized, 
without being challenged, it would not vitiate the pro- 
ceedings. 

13. A town meeting called under color of authority 
will be legal, unless exceptions are taken at the meeting. 

14. The proceedings at town meetings are regulated by 
the moderator, and by the selectmen when acting as such, 
who shall decide all questions of order. 

15. The form of an application to a justice, when the 
selectmen unreasonably refuse to insert an article in their 
warrant, is as follows : 

To A. B., Esquire, one of the justices of the peace in 
and for the county of . 

The subscribers, being ten or more legal voters in the 

town of , in said county, respectfully shoAV, that on the 

day of last past, we made a request in writing 

to the selectmen of -, to insert an article in their war- 
rant for calling a town meeting, a copy of which is as 
follows : {liere insert a copy of the article) ; yet the select- 
men have unreasonably refused to comply with said re- 
quest ; wherefore, we request you to issue a warrant to call 
a meeting of the inhabitants of said town to act upon the 
article contained in said request. 

A. B., C. D., and nine others. 



20 MAINE TOWNSMAN. 

16. The form of a warrant upon said application : 

To W. S., a constable of the town of , in the coun- 
ty of , greeting : 

Whereas application has been made to me, one of the 
justices of the ^^eace for said county, by ten or more legal 
voters in said town, to call a meeting of the inhabitants 
of said town, to act upon the article hereinafter mention- 
ed ; and whereas it has been made to appear to me that 
the selectmen of said town, upon request in writing duly 
made to them for that purpose, have unreasonably refused 
to insert an article in their warrant for a town meeting, is- 
sued next after said request to them : 

In the name of the State of Maine, you are hereby re- 
quired to notify and warn all persons qualified by law to 

vote at such meeting, to assemble at , in said town, on 

the day of next, at o'clock in the noon, 

to act upon the following subjects: 

First, to choose a moderator to govern said meeting. 

Second, to see if the town will {here insert the article). 

Fail not to make due service of this warrant, and to re- 
turn your doings thereon, at the time and place of meet- 
ing.^ 

Given under my hand, this day of , A. d. 18 — . 

A. B., Justice of the Peace. 

17. If the selectmen have neglected to call a meeting, 
omit the words " have unreasonably neglected to insert an 
article in their warrant for a town meeting, issued next 
after said request to them," and insert instead, " have un- 
reasonably neglected to call a meeting to act upon said 
article." 

18. The form of the constable's return on the back of 
any warrant : 

, , — , A. D. 18 — . Pursuant to the within war- 



rant to me directed, I have notified and warned the inhabi- 
tants of said town, qualified as therein expressed, to 
assemble at said time and place, and for the purposes 
therein named, by posting up an attested copy of said 
warrant, at , in said town, being a public and conspicu- 
ous place in said town, on the day of , being 

seven days before the meeting. 

W. S., Constable of . 



ANNUAL MEETINGS. 21 

19. A constable still in office may amend Ms return 
on a warrant for calling a town meeting by stating the 
time and manner of calling it. 17 Maine, 444. 

20. If a town has appointed by vote, in legal meeting, 
a different mode of notifying its meetings, that mode 
must be pursued. 55 Maine, 61. 

21. Selectmen de facto, though not legally elected, 
may call a town meeting. 57 Maine, 541. 

22. The return of the constable that he had posted the 
warrant "according to law," is sufficient. 11 Cush. 294. 

23. The meetings of any village corporation may be 
notified by the person to whom the warrant is directed, 
by posting attested copies in two or more public and 
conspicuous places within the corporation limits seven 
days before the meeting, instead of in the manner pro- 
vided by the act creating such corporation; provided, 
that such corporation shall first, at a legal meeting, 
designate at what and how many j)laces such notices 
ghaU be posted. R. S. c. 3, § 9. 



CHAPTER IV. 



ANNUAL MEETINGS. 



1. List of voters. 

2. Sessions of selectmen to correct 

tlie list. 

3. Form of warrant for calling an- 

nual meetings. 

4. Return of constable. 

5. Annual meetings in March. 

6. Town ofltcers chosen by ballot. 



7. Vacancies, how supplied. 

8. Who to preside in meeting. 

9. Clerk to be sworn. 

10. Office of collector should not be 

set up at auction. 

11. Election of officers void. 

12. Clerk may appoint deputy. 



1. In every town where the selectmen are not the 
assessors, the assessors, on or before the first day of 
August in each year, shall prepare a list of the persons 
they judge to be constitutionally qualified to vote therein 
in the election of governor, senators, and representatives, 
and deliver it to the selectmen for their information. 
The selectmen of every town, on or before the eleventh 
day of August in each year, shall prepare a corrected list 
of persons qualified as aforesaid. R. S. c. 4, §§ 1, 2. 

2. In every town having, by the census of the United 
States then last taken, more than three thousand inhabi- 
tants, the selectmen shall be in open session to receive 
evidence of the qualifications of persons claiming the 
right to vote in any such election, and for correcting said 
list, for a reasonable time, on not exceeding two days, 
between the eleventh and eighteenth days of August in 



22 MAINE TOWNSMAN-. 

each year, giving previous notice of the time and place 
of each session, as their town meetings are notified. lb. § 3. 

3. The form of a Avarrant for calling the annual meet- 
ing for town i^urposes : 

To W. S., a constable in the town of , in the county 

of -, greeting : 

In the name of the State of Maine, you are hereby 
required to notify and warn the inhabitants of the said 

town of , qualified by law to vote in town affairs, to 

assemble at , in said town, on the day of , 

at o'clock in the noon, to act on the following 

articles, to wit : 

Firsts to choose a moderator to preside in said meeting. 

Second, to choose all necessary town officers for the 
year ensuing. 

Third, to see if the town will grant and raise such 
sums of money as may be necessary for the maintenance 
and support of schools and the poor, and repair of roads 
and bridges, and to defray all other town charges for the 
ensuing year. 

The selectmen give notice that they shall be in session 
for the purpose of revising and correcting the list of 

voters, at , at o'clock in the noon, on the 

day of said meeting. 

Given under our hands, at , this day of y 

A.D. 18—. A. B. i 

CD. >• Selectmen of . 

E. F. \ 

4. Form of the constable's return. See c. 8, § 18. 

5. Annual town meetings shall be held in March, and 
the voters shall then choose, by a major vote, a clerk, 
three, five or seven inhabitants of the town to be select- 
men and overseers of the poor, when other overseers are 
not chosen, three or more assessors, two or more fence 
viewers, treasurer, surveyors of lumber, tythingmen, 
sealers of leather, measurers of wood and bark, consta- 
bles, collectors of taxes, and other usual town officers ; 
and if one third of the voters present are in favor 
thereof, they shall choose, by major vote, one auditor of 
accounts, all of whom shall be sworn. Treasurers or 
collectors of towns having more than 1,500 inhabitants 
shall not be selectmen or assessors. R. S. c. 3, § 12. 

6. The election of moderator, town clerk, selectmen, 
assessors, treasurer, auditor, school committee, and town 



ANNUAL MEETINGS. 23 

agent, shall be by ballot ; and all other of said officers may 
be by ballot, or other method agreed on by a vote of the 
town. lb. § 13. 

7. Unless towns at their annual meeting choose road 
commissioners or appoint the municipal officers survey- 
ors of highways, said officers shall appoint surveyors of 
highways, whose term of office shall commence on the 
first day of May, and end with the last day of April in 
each year; and if from any cause the town fails or neglects 
to choose, at the annual meeting, any of such officers as 
are not required to be chosen by ballot, or if after such 
officers are chosen there is, for any cause, a vacancy in 
any such office, the municipal officers may fill such offices 
and vacancies, by the written appointment of proper per- 
sons, who shall be summoned by the constable and re- 
quired to appear and take the oath of office. Such ap- 
pointment and oath shall be recorded as in case of a 
choice by the town. lb. § 14. 

8. During the election of moderator of town meeting, 
the clerk shall preside ; when he is absent from any such 
meeting, either of the selectmen or of the assessors, and 
if neither of those is present, any constable may lawfully 
do all the duties of clerk in receiving and counting the 
votes for moderator. The moderator may call on the 
voters to give in their ballots for a clerk ^ro tempore^ who 
shall be sworn by the moderator, or a justice of the 
peace. lb. § 15. 

9. The town clerk, before entering on the duties of 
his office, shall be sworn before the moderator, or a jus- 
tice of the peace, truly to record all votes passed in that 
and other town meetings during the ensuing year and 
until another clerk is chosen and sworn in his stead, and 
faithfully to discharge all the other duties of his office. 
The clerk may make record of his own qualification. lb. 
§16. 

10. It is an incorrect practice to set up the office of 
collector of taxes at auction. The town should first choose 
the collector, and then vote his compensation. 

11. Where the statute requires that certain town 
officers be freeholders, the choice of a person who is not 
a freeholder is merely void. 29 Maine, 531. 

12. The town clerk may appoint a citizen his deputy, 
who may, whenever the clerk is absent from his office, 
perform the duties of clerk, as set forth in section seven- 
teen of chapter three of the Revised Statutes. 



24 



MAINE TOWNSMAN. 



The appointment may be in writing, as follows : I 

hereby appoint to perform the duties of town 

clerk as set forth in section seventeen, chapter three of 

the Revised Statutes, in the town of , during my 

absence from the clerk's office. 

-, clerk of the town of 



In certain other cases, the municipal officers may ap- 
point. The clerk joro tern, must be sworn. 



CHAPTER V. 



MODERATOR. 



1. Choice and duties of a moderator. 

2. Polling the voters. 

3. Powers of modprators. 

4. Disorder in town meetings. 



5. Disorderly behavior punished. 

6. Selectmen are moderators, when. 

7. Conversation by moderator not evi- 

dence. 



1. At every town meeting, a moderator shall be first 
chosen, and sworn by a justice of the peace, or by the per- 
son presiding at the meeting when he is chosen. Said 
moderator shall regulate the business of the meeting ; and, 
when a vote declared by him is, immediately after such 
declaration, questioned by seven or more, he shall make 
the vote certain by polling the voters, or in such other 
way as the meeting directs. R. S. c. 3, § 19. 

2. By "polling the voters" is understood any mode of 
counting the polls or heads, so as to make the count cer- 
tain. 

3. No person shall speak in meeting before leave is ob- 
tained of the moderator, nor when any other person is 
speaking; and all shall be silent at the command of the 
moderator, or forfeit one dollar for every breach ol; 
such order, for the use of the town. R. S. c. 3 § 27. 

4. If any person, after notice from the moderator, per- 
sists in disorderly conduct, the moderator may direct him 
to withdraw from the meeting, and by his refusal he shall 
forfeit three dollars, to the use of the town ; and the mod- 
erator may cause him to be removed from the meeting by 
a constable, and detained in confinement for three hours, 
unless the meeting is sooner dissolved or adjourned. lb. 
§21. 

5. Disorderly behavior in town meetings is a misde- 



OATHS OF TOWN OFFICERS. 25 

meaner at common law, and punishable by indictment. 16 
Mass. 466. 

6. At town meetings for the choice of State officers, the 
constitution requires that the selectmen shall preside. 

7. Conversation by the moderator and others in town 
meeting, relative to a subject legally under its considera- 
tion, cannot be proved as evidence against the town. 30 
Maine, 157. 



CHAPTER VI. 



OATHS OF TOWN OFFICERS. 



1. The form of oath of moderator. 

2. The form of oath of towu clerk. 

3. Officers elect summoned to take 

the oath. 

4. The form of warrant to notify offi- 

cers to take the oath. 

5. The form of return by the consta- 

ble. 



6. Neglect to take the oath, penalty. 

7. Certificate and record of oaths. 

8. Form of oath of town officers. 

9. Not taking the oath, effect. 

10. Time of taking the oath directory. 

11. Certificates of oath. 

12. Forms for wardens, etc., of cities. 



1. The form of oath to be administered to the modera- 
tor: 

You, , having been chosen moderator of this meet- 
ing, do solemnly swear that you will faithfully and impar- 
tially discharge all the duties of said office. So help you, 
God. 

2. The form of oath of town clerk : 

You, , having been elected town clerk of the town 

of , do swear that you will truly record all votes passed 

in this or any other town meeting which may be held 
in this town during the ensuing year, and until another 
shall be chosen and sworn in your stead, and also that you 
will faithfully discharge all the other duties of said office. 
So helji you, God. 

3. The town clerk or any two of the selectmen shall 
forthwith make out a list of the names of all persons cho- 
sen into office, of whom an oath is required by law, and 
deliver it to a constable with a warrant to him directed; 



26 MAINE TOWNSMAN. 

and lie shall, within three days from the day of receiving 
it, summon each of the persons therein named to appear 
before the town clerk, within seven days from the time of 
notice, to take the oath of office by law required ; and, at 
the end of ten days after receiving his warrant, the con- 
stable shall return it, or forfeit six dollars for the use of 
the town ; and the town shall allow him a reasonable com- 
pensation for his services. R. S. c. 3, § 22. 

4. The form of a warrant to notify officers to take the 
oath : 

To , a constable of the town of . 



The following is a list of persons who were this day 
chosen into office, at a meeting of the inhabitants of the 

town of , and of whom an oath is by law required, and 

the offices to which they were respectively chosen, to wit : 

A. B., C. D., Surveyors of Highways. 

E. F., a H., Fire Wards, 

You are hereby required, in the name of the State of 
Maine, within three days from the date hereof, to summon 
each of the persons therein named to appear before the 
town clerk within seven days from the time you shall give 
such notice, and take the oath of office by law required. 

Hereof fail not, and make due return of this warrant, 
and of your doings thereon, to me, within ten days from 
the date hereof. 

Given under my hand this day of , a. d. 18^-. 

W. A., Town Clerk of . 

5. The form of return by a constable : 

• March — , 18 — . Agreeably to the within warrant, I 
have notified the persons therein named to appear and take 
the oath of office, as herein directed. 

A. B., Constable of . 

6. Every person so notified and neglecting to take the 
oath required of him within said seven days, except offi- 
cers for whose neglect a diffisrent penalty is provided, shall 
forfeit five dollars, two-thirds to the use of the town, and 
the other to the use of the prosecutor. R. S. c. 3, § 23. 

7. Any town or parish officer may be sworn by the 
town or parish clerk, or by any magistrate or person au- 



OATHS OF TOWN OFFICERS. 27 

thorized by law, who shall give to the officer sworn, except 
when sworn in presence of such clerk, a certificate of the 
oath administered, which he shall return to such clerk 
within seven days, to be placed on file. Highway survey- 
ors may be sworn by either of the assessors, who shall give 
a certificate thereof, as is required in such case of a mag- 
istrate. In either case, the clerk shall record the name of 
the officer and of his office, by whom sworn, and the time 
of taking the oath and returning the certificate. Any 
town, school district, parish or corporation clerk elected to 
any office and duly sworn^ may record his own election, 
the fact that he was sworn, when and by whom. The 
record herein required shall be sufficient evidence that any 
such officer was duly sworn. If any officer fails to return 
such certificate, or any clerk to record such oath within 
ten days, he shall forfeit five dollars. Town clerks shall 
be paid by the town five cents for each oath recorded by 
them. lb. § 24 

8. The form of oath of town officers : 

You, • -, having been duly elected of the town 

of , do swear that you will faithfully and impartially 

perform the duties assigned you by law. So help you, 
God. 

9. The moderator must be sworn, or the meeting is ille- 
gal. The collector must be sworn, or his acts are illegal. 

10. The time specified for taking the oath is directory. 

11. The certificate of the oath of office should state the 
day on which it was administered, and should be sigTied 
by the person who administered the oath. 

12. These forms are applicable to wardens and clerks of 
wards in cities, merely varying the phraseology to conform 
to the facts. 



TITLE II. 

ELECTIONS. 

Chapter 7. Riglits and qualifications of voters. 

Chapter 8. List of electors. 

Chapter 9. Notifying meetings. 

Chapter 10. Proceedings at elections. 

Chapter 11. Election of governor and senators. 

Chapter 12. Apportionment of senatorial districts. 

Chapter 13. Election of representatives. 

Chapter 14. Election of representatives in classed district 

Chapter 15. Apportionment of representatives. 

Chapter 16. Election of representatives to Congress, and coii- 
gressional districts. 

Chapter 17. Election of county officers. 

Chapter 18. Elections in cities. 

Chapter 19. Elections in plantations. 

Chapter 20. Eeturns of votes. 

Chapter 21. Election of electors of president and vice-presi- 
dent. 

Chapter 22. General provisions. 



CHAPTER VII. 



EIGHTS AND QUALIFICATIONS OF VOTEES. 



1. Who are legal voters. 

2. Electors free from arrest. 

3. Electors free from military duty. 

4. Election of go vernor, second Mon- 

day in September. 

5. No courts on days of election. 

6. Organization of plantations for 

election purposes. 



7. When a pauper is not a legal voter. 

8. Illegal voting in one town. 

9. The home of a person. 

10. Temporary absence. 

11. Towns may waive right to elect 

representative. 

12. Distinguishing mark on a ballot. 



1. Every male citizen of the United States, of the age 
of twenty-one years and upwards, excepting paupers, per- 
sons under guardianshi23, and Indians not taxed, having 

(28) 



RIGHTS AND QUALIFICATIONS OF VOTERS. 29 

Lis residence established in this State for the term of three 
months next preceding any election, shall be an elector of 
governor, senators, and representatives, in the town or 
planta^on where his residence is so established, and the 
election shall be by written ballot. But persons in the 
military, naval, or marine service of the United States or 
this State shall not be considered as having obtained such 
established residence, by being stationed in any garrison, 
barrack, or military place in any town or plantation ; nor 
shall the residence of any student at any seminary of 
learning entitle him to the right of suffrage in the town 
or plantation where such seminary is established. No 
person, however, shall be deemed to have lost his resi- 
dence by reason of his absence from the State in the mili- 
tary service of the United States or of this State. Const, 
art. 2, § 1, as amended. 

2. Electors shall, in all cases except treason, felony, or 
breach of the peace, be privileged from arrest on the days 
of election, during their attendance at, going to, and re- 
turning therefrom. lb. § 2. But the privilege does not 
extend to an elector preparing to go, if he have not actu- 
ally proceeded on the way. 8 Maine, 187. 

3. No elector shall be obliged to do duty in the militia 
on any day of election, except in time of war or public dan- 
get*. Const, art. 2, § 3. 

4. The election of governor, senators, and representa- 
tives shall be on the second Monday of September 
biennially. lb. § 4, as amended. 

5. No court shall be held on Sunday, on any day 
designated for the annual fast or thanksgiving, or for the 
choice of presidential electors, the thirtieth day of May, 
fourth day of July, the day of the State election, or on 
Christmas day. K. S. c. 77, § 48. 

6. The assessors of each plantation shall on or before 
the eleventh day of August in each year in which an 
election for governor, senators, and representatives is 
held, prepare a list of such inhabitants within its limits, 
as they judge to be constitutionally qualified to vote in 
the election of such State officers ; deposit it in the office 
of the plantation clerk ; and post and correct it in the 
manner required in case of towns. They shall call a 
meeting of such voters, to be held on the second Mon- 
day of September m every such year, at some convenient 
and central place in the plantation, for the election of 



30 MAINE TOWNSMAN". 

governor, senators, and representatives to the legislature, 
by a warrant in due form by them signed, in which the 
time, place, and purposes of the meeting shall be set 
forth ; and notice shall be given by posting a copy thereof 
in one or more public places in the plantation at least 
seven days before the day of meeting. Similar notice 
shall be given of all meetings for choice of representa- 
tives to the legislature, or to congress, of state and 
county officers, and of electors of president and vice- 
president, lb. c. 4, §§ 81, 82. 

7. Any person, in order to be considered a pauper, must 
be assisted by the town in which he claims a right to vote. 
If he have received aid fi"om the toAvn within three months 
of the day of election, he is not a legal voter ; but if he 
received aid from the town more than three months before 
the election, he is a voter, whether he owes the town for 
it or not. 7 Greenl. 499. 

8. If a person votes illegally in one town, it does not 
deprive him of his vote in another town where he has a 
legal right. 11 Mass. 353. 

9. That place is considered the home of a person in 
which his habitation is fixed, without any present intention 
of removing therefrom. 

10. A person, having acquired a home in a j^lace does 
not lose it by temporary absence with the intention of re- 
turning — as to do a job of work, or absence at sea, or ab- 
sence at college. 12 Mass. 424. If a person supports his 
family in one town, and resides to transact business in 
another town, he can vote for State officers only in the 
town where his family has resided three months next pre- 
ceding the election. 7 Maine, 497. 

11. A town, having the right to choose a rejoresenta- 
tive, has the power to waive that right, and vote not to 
choose one ; and such vote is binding on the minority. G 
Maine, 486. 

12. The presiding officers at an election are the sole 
judges of what constitutes a "distinguishing mark" upon 
a ballot, under the provisions of the K. S. c. 4, § 29 ; 54 
Maine, 602. 



LIST OF VOTERS. 31 

CHAPTER VIII. 

LIST OF YOTEES. 



1. Assessors to prepare lists. 

2. Selectmen to prepare corrected lists 

3. Selectmen, meetings of, to correct 

lists. 

4. Lists to be deposited with clerk, 

and posted. 

5. Names to be added or stricken out. 

6. Of naturalization papers. 

7. Towns having a thousand or more 

voters. 



8. Same subject. 

9. Same subject. 

1 0. Notice of such meetings. 

11. Form of list of voters. 

12. List of voters. 

13. Meetings to correct lists. 

14. Check list. 

15. Penalty for neglect. 

16. Applicable to cities. 

17. Lists to be posted in cities, when. 



1. In every town where the selectmen are not the as- 
sessors, the assessors, on or before the first day of August 
in each year in which an election of governor, senators, 
and representatives is held, shall jDrepare a list of the 
persons they judge to be constitutionally qualified to vote 
therein in the election of governor, senators, and repre- 
sentatives, and deliver it to the selectmen. R. S. c. 4 § 1. 

2. The selectmen of every town, on or before the 
eleventh day of August, in every such year, shall prepare 
a corrected list of persons qualified as aforesaid. lb. § 2. 

3. In every town having, by the census of the United 
States then last taken, more than three thousand inhabi- 
tants, the selectmen shall be in oj^en session to receive evi- 
dence of the qualifications of persons claiming the right 
to vote in any such election, and for correcting said list, 
for a reasonable time, on not exceeding two days, between 
the eleventh and eighteenth days of August in each year, 
giving previous notice of the time and place of each 
session, as their town meetings are notified. lb. § 3. 

4. On or before the twentieth day of August in every 
such year, the selectmen shall deposit in the office of the 
town clerk an alphabetical list of voters thus prepared 
and revised, and post up a similar list in one or more 
public places in the town. lb. § 4. 

5. After such lists are thus prepared, deposited with the 
clerk, and joosted up, the selectmen shall not add thereto 
nor strike therefrom the name of any person, except in 
open session on one of the days prescribed by law for 
receiving evidence of the qualification of voters ; nor shall 
they strike from said list the name of any person residing 
in the town, without notice first given to him that his 
right to vote is questioned, and an opportunity for a hear- 
ing on one of such days. But, at any regular session for 
receiving such evidence, the selectmen shall place on the 
list of voters the name of every person known by or 
proved to them to be so qualified, whether he applies 
therefor or not. lb. § 5. 



32 MAINE TOWNSMAN. 

6. When a person of foreign birth exhibits papers of 
naturalization, issued to him in due form by a court hav- 
ing jurisdiction, to the selectmen of his town, if satisfied 
of their genuineness, and that such person is entitled to 
vote, they shall approve such papers by a written indorse- 
ment thereon, with the date thereof, signed by one of 
them ; register in a book kept for that purpose the name 
of the 23erson, the date of the papers, the date of approval, 
and the name of the court by which they were issued ; 
cause the name of such person to be entered on the list of 
voters ; and continue his name on the successive lists so 
long as he continues to reside there, and is in other 
respects qualified to vote. If they are of opinion that 
such papers are not genuine, or were not issued to the 
23erson presenting them, or that he is not for other cause 
a legal voter, they shall not approve them, or perform the 
other acts required ; but he shall not by their refusal 
to approve his papers, or to enter his name, be deprived 
of his right to vote, upon satisfactory proof. lb. § 6. 

7. In all towns, cities not included, having one thou- 
sand or more registered voters, the municipal ofBcers 
thereof shall receive applications of persons claiming a 
right to vote, on the three secular days next preceding 
the day of election, and no application shall be received 
after the hour of five of the clock, afternoon, on the sec- 
ular day next preceding said day of election ; and no 
name shall be added to the list of voters on the day of 
election by certificate or otherwise, except such as were 
upon the list of the previous year, and have been inad- 
vertently omitted by the selectmen ; and on that day no 
change shall be made in names except to correct clerical 
errors therein. lb. § 7. 

8. In every town containing more than five hundred 
and less than one thousand voters, the selectmen shall be 
in open session on one or more secular days next preced- 
ing such election, for the purpose aforesaid, and on the 
day of election they shall be in session and proceed as in 
the section following. lb. § 8. 

9. In every town containing less than five hundred 
legal voters, the selectmen shall be in session on the day 
of any such election to receive and decide on such appli- 
cations, at some convenient place, for so long a time im- 
mediately preceding the opening of the polls, as they 
think necessary, and shall hear and determine any such 
application at any time before the polls are closed. lb. § 9. 



LIST OF VOTERS. 33 

10. The selectmen shall order notice of the time and 
place of all their sessions, required or authorized in the 
thi'ee preceding sections, to be given in the warrant for 
calling the town meetings. lb. § 10. 

11. The form of the list of voters, which must be ar- 
ranged alphabetically, may be 

An alphabetical list of the voters in the town of , 

in the county of , as made out by the selectmen, the 

day of , A. D. 18 — . 

A. B., C. D., E. R, G. H., I. O. 

12. The selectmen shall make out a correct and alpha- 
betical list of the inhabitants in their towns qualified to 
vote in the choice of town officers, and deposit it in the 
office of the town clerk, and post up a copy thereof in one 
or more public places in such town, on or before the twen- 
tieth day of February annually. lb. § 11. 

13. They shall be in session at some convenient time 
and place, by them notified in the warrant for calling the 
meeting in such town, on the secular day next preced- 
ing the day of annual election of town officers in the 
month of March, or on the morning of the day of election, 
to hear and decide upon the applications of persons claim- 
ing to have their names entered upon said list ; and such 
session, when held on a secular day preceding the day of 
election, shall continue at least three hours, and when held 
on the day of election, shall continue until the election of 
town officers required by law to be elected by ballot, shall 
have been completed. lb. § 12. 

14. The town clerk shall have the list of voters provid- 
ed- for by the eleventh and twelfth sections of Revised 
Statutes, chapter 4, at every town meeting held for the 
choice of town officers required by law to be chosen by 
ballot, and it shall be kept and used as a check-list at the 
polls by said clerk or moderator at such meeting, in the 
same manner as is prescribed for selectmen or assessors 
by section twenty-five ; if it shall be demanded by one- 
third of the voters present. lb. § 13. 

15. If the town clerk or moderator presiding at such 
meeting willfully neglects or refuses to comply with the 
requirements of the preceding section, he shall forfeit not 
less than fifty nor more than one hundred dollars, to be 
recovered in an action of debt in the name and for the use 



34 MAINE TOWNSMAN. 

of the town, to be commenced and prosecuted by the 
treasurer at the request of any legal voter in said town, 
lb. § 14. 

16. The aldermen and assessors of the cities shall pre- 
pare lists of the qualified voters in the wards thereof for 
the elections of governor, representatives to congress, and 
electors of president and vice-president, and for the an- 
nual city elections, in the same manner as selectmen and 
assessors are required to prepare them for towns, the 
aldermen performing the duties of selectmen; and the 
wardens shall be governed by said lists. lb. § 15. 

17. In all cities having more than one thousand legal 
voters therein, it shall be the duty of the aldermen thereof 
to post up in some public place in each ward, a true print- 
ed or written list of the legal voters resident in said ward, 
at least seven days j^revious to the day of any election. 
No qualified elector, who has removed his residence from 
one ward to another in any city within sixty days next 
preceding any election, shall vote at such election in the 
ward to which he has removed, but his name may be 
placed on the check-list of the ward from which he has 
removed, and he may vote therein. lb. § 16. 



CHAPTER IX 



NOTIFYING MEETINGS. 



1. Meetings of the elections notified. 

2. Form of a warrant. 

3. Same subject. 

4. Form of return of warrant. 

6. Neglect to issue warrant, penalty. 
6. Neglect of constable to summon 
voters. 



Copy of record of warrant suffi- 
cient. 

Meetings illegally called. Powers 
of selectmen. 

Constable must sign the warrant. 



1. The selectmen of every town, by their waiTant, shall 
cause the inhabitants thereof, qualified according to the 
constitution, to be notified and warned seven days at least 
before the second Monday of September biennially,to meet 
at some suitable place designated in said warrant, to give 
in their votes for governor, senators, and representatives, 
as the constitution requires; and such meeting shall be 



NOTIFYING MEETINGS. 35 

warned like other town meetings. R. S. c. 4, § 17. 
2. The form of a warrant : 



To , constable of the town of . Ton are hereby- 
required, in the name of the State of Maine, to notify and 

warn the inhabitants of said town of , qualified as the 

constitution requires, to assemble at , on the day 

of , at o'clock in the noon, to give in their 

votes for governor, senators, and representatives (or rep- 
resentative), to represent them in the legislature of this 
State. 

The selectmen will be in session at , on the day 

of , at o'clock in the noon, for the purpose 

of correcting the list of voters. 

Dated at , the day of , a. d. 18 — . 

A. B. ) 
XD. V- 



C. D. >- Selectmen of . 

E. F. ) 

3. In warning as above for the choice of register of deeds, 
county treasurer, or other county officers, the Revised Stat- 
utes prescribe that instead of the words, " as the constitu- 
tion requires," should be substituted the words, "to vote 
for representatives." 

4. The form of a return on the back of the warrant by 
the constable : 

August — , 18 — , Pursuant to the within war- 



rant, to me directed, I have notified and warned the 
inhabitants of said town of , qualified as therein ex- 
pressed, to assemble at the time and place, and for the pur- 
pose therein mentioned, by posting up an attested copy of 

such warrant at , being a public and conspicuous place 

in said town, on the day of , being seven days be- 
fore said meeting. A. B., Constable of . 

5. If the aldermen of cities, selectmen of towns, or as- 
sessors of plantations neglect to issue their warrant as 
required by law for a meeting for the choice of State or 
county officers, representatives to the legislacure or to 
congress, or of electors of president and vice-jjresident 
of the United States, they shall each forfeit fifty dollars to 
their city, town, or plantation, to be recovered in an action 



36 



MAINE TOWNSMAN. 



of debt by the treasurer thereof, or by any citizen thereof 
when said treasurer is a member of the delinquent board, 
lb. § 52. 

6. If any constable or other person, legally required to 
summon the voters of a city, town, or j)lantation to as- 
semble at any meeting for the choice of any officers men- 
tioned in the preceding section, neglect to do so, or to 
make due return of the warrant therefor, he shall forfeit 
twenty-five dollars to his city, town, or plantation for each 
offense, to be recovered as provided in the preceding sec- 
tion ; but if he willfully neglects or refuses to do so, he 
shall forfeit not less than fifty, nor more than two hundred 
dollars, half to the State, and half to the prosecutor, to be 
recovered by indictment. lb. § 53. 

7. A copy of the record of the warrant for calling the 
town meeting is competent evidence, without producing 
the original warrant, or showing its loss. 21 Maine, 63. 

8. Selectmen elected at a meeting illegally called, may 
call a towD meeting, if they have acted as selectmen. 57 
Maine, 541. 

9. The constable must himself sign the warrant for the 



meeting. 



56 Maine, 390. 



CHAPTER X. 



PROCEEDINGS AT ELECTIONS. 



Time of opening meeting. 
Power of presiding officers. 
Selectmen absent, otliers may be 

chosen. 
Who shall preside. 
Duties and powers of selectmen 

pro tempore. 
What votes on one list. 
May vote where annexed. 
Check-list. 

Check-list to be preserved. 
Ballot-boxes. 
Penalties in certain cases. 
Votes on white paper without 

marks. 
What, when no choice of repre- 



Meeting for choice of certain offi- 
cers. 

Result of balloting, how ascer- 
tained. 

Clerk to transmit returns. 

County attorney to be notified, 
when. 

Loss of returns. 

Oath to be made to copy of record. 

Certificates, how sealed and re- 
turned. 

Vacancies, how filled, when. 

Ofiense of double voting. 

Illegal votes. 

Moderator, oath of. 

Presumption as to election of se- 
lectmen. 



1. No meeting for the election of State officers shall 
be opened before ten o'clock in the forenoon, on the day 



PROCEEDINGS AT ELECTIONS. 37 

of suchelection, unless the number of voters in su/;h town 
shall exceed five hundred ; if it does, an earlier and suita- 
ble time in the day may be appointed by the selectmen. 
In all elections for the choice of State officers and of elect- 
ors of president and vice-president of the United States, 
in towns and plantations having more than five hundred 
and less than five thousand inhabitants, if the time is not 
otherwise fixed by law, the polls shall be kept open until 
five o'clock in the afternoon and then be closed. R. S. c. 
4, § 18. 

2. The selectmen or other officers, authorized and re- 
quired by the constitution and laws to preside at any 
such meeting, shall have all the powers of moderators of 
town meetings, as provided in chapter three; and they 
shall refiise the vote of any person not qualified to vote, 
lb. § 19. ^ 

3. If a majority of the selectmen is absent from any 
such meeting duly warned, or, being present, neglect or 
refuse to act as such and to do all the duties required of 
them, the voters at such meeting may choose so many 
selectmen pro tempore, as are necessary to constitute or to 
complete the number competent to do the duties. lb. § 20. 

4. During the choice of such selectmen ^^ro tempore 
any selectman present may act as moderator ; if no select- 
men are present, or if those present neglect or refuse to 
act as such, the town clerk shall preside ; and the person 
so acting or presiding shall have all the powers and dis- 
charge the duties of moderator. lb. § 21. 

5. The selectmen pro tempore accepting the trust, shall 
be sworn faithfully to discharge the duties of the said 
office, so far as relates to such meeting and election ; and 
in making a record and return of the votes, as the consti- 
tution or laAVS require, and in all matters incidental to the 
trust shall have the powers of permanent selectmen, and 
be subject to the same duties and liabilities. lb. § 22. 

6. At every meeting for the choice of governor, sena- 
tors, representatives, and other public officers requiring the 
like qualifications in the electors, the selectmen or other 
officer presiding shall require the electors to give in their 
votes for the town officer or officers to be chosen, on one 
list or ballot, or so many of said (officers, as the voter 
determines to vote for ; designating the intended office of 
each person voted for. lb. § 23. 

7. In all cases where any portion of territory has been 



38 MAINE TOWNSMAN. 

or may be set off from one town and annexed to another, 
the inhabitants of the territory so set off, otherwise quali- 
fied, may vote for representative to congi^ess, senators or 
representative to the State legislature, in the town to 
which they are annexed, if said town is within the limits 
of the congressional, senatorial, or representative district, 
as the case may be, to which they previously belonged. 
And if the town to which they are annexed lies in a con- 
gressional, senatorial, or representative district other than 
the one to which they previously belonged, such inhabi- 
tants shall have the right to vote for representative to 
congre ss, senators or representative to the State legisla- 
ture, as the case may be, in the town from which they 
were set off, until the next congressional, senatorial, or 
representative apportionment shall have been made. lb. 
§ 24. 

8. The selectmen or other officers presiding at any elec- 
tion shall keep and use the check-list herein required at the 
polls during the election of any such officers, and have and 
use suitable ballot-boxes to be furnished at the expense of 
the town, and no votes shall be received unless delivered 
by the voter in person, nor until the presiding officer .or 
officers have had opportunity to be satisfied of his identity 
and shall find his name on the list and mark it and ascer- 
tain that his vote is single, nor shall more than one ballot- 
box be used for receiving votes at any election at any one 
time. lb. § 25. 

9. The clerks of towns shall preserve the check-lists 
used at the September elections, for one year thereafter 
without alteration, and shall furnish to any person an exact 
and certified copy thereof within twenty days after de- 
mand and the payment or tender of the legal charges 
therefor, under the penalty provided in section 59. lb. § 26 

10. The ballot-boxes used at elections shall be covered 
at the top with only a slide opening, and such slide shall' 
not be opened till the name of the person offering his vote 
is found and checked on tlie list, and then shall be shut 
until another voter presents himself, and his name is 
found and checked, and whenever a constitutional amend- 
ment is subnntted to the people for adoption, a ballot- 
box shall be provided at every poll or voting place as at 
other elections, in which the ballots or votes for or 
against such proposed amendment shall be deposited sep- 
arately from all other ballots or votes. And if the pre- 
siding officers do not comply with these requirements, 



PROCEEDIUfGS AT ELECTIONS. 39 

they shall be subject to the penalties provided in section 
fifty-nine. lb. § 27. 

11. Any penalty provided in this chapter, if the treas- 
urer refuses or neglects for ten days after written request 
of any voter to commence suit therefor, may be recovered 
by said voter in a suit in his own name, to the same uses 
as if recovered by said treasurer. lb. § 28. 

12. No ballot shall be received at any election of State 
or town officers, unless in writing or printing upon clean 
wliite paper without any distinguishing mark of figures 
thereon, besides the name of the person voted for, and the 
oflices to be filled, but no vote shall be rejected on this 
account, after it is received into the ballot-box. lb. § 29. 

13. When at a town meeting held for the election of 
representatives to the State legislature, in a town not 
classed with other towns as a representative district, by 
reason of two or more persons having an equal number of 
votes, a choice is not effected of any or all the representa- 
tives to which the town is entitled, the meeting shall be 
adjourned to the same day of the week following, and to 
the same hour and place at which the first meeting was 
called ; and at such adjourned meeting the voters shall 
give in their votes for so many representatives as are 
necessary to make up the number to which said town is 
entitled; and like adjournments shall be had until the 
full number is elected. lb. § 30. 

14. All town meetings, required to be held for the 
election of county treasurer, of register of deeds, or of 
representatives to congress, or of electors of president and 
vice-president of the United States, or for the determi- 
nation of questions expressly submitted to the j^eople by 
the legislature, as to calling, notifying, and conducting 
them shall be subject to the regulations made in this 
chapter for the election of governor, senator and repre- 
sentatives, unless otherwise provided by law. lb. § 31. 

15. To determine the result of any election by ballot, 
the number of persons who voted shall first be ascertained 
by counting the whole number of separate ballots given 
in, which shall be distinctly stated, recorded, and returned. 
No person ineligible to the office shall be declared elected ; 
but such votes shall be counted, to determine whether 
any person has received the necessary number of all votes 
cast. In case of representatives to congress and members 
of the legislature, registers of deeds, and county and State 
officers, except where a different rule is prescribed in the 



40 MAINE TOW IS SM AN. 

constitution, the person or persons, not exceeding the 
number to be voted for at any one time for any such 
office, having the highest number of votes given at such 
election shall be declared elected, and the governor shall 
issue a certificate thereof. If, by reason of two or more 
persons receiving an equal number of votes, the election 
of the requisite number of officers cannot be declared 
without declaring more than the requisite number elected, 
no one of those having an equal number of votes shall 
be declared elected. In all other cases no person shall 
be declared elected, Tvho has not received a majority of 
the whole number of votes counted as aforesaid ; and if 
a number gi'eater than is required to be chosen receive a 
majority of said whole number, the number so required, 
of those who have the greatest excess in votes over such 
majority, shall be declared elected. If the number to be 
elected cannot be so completed by reason of any two or 
more of such persons having received an equal number 
of votes, the. persons having such equal numbers shall be 
declared not elected. In all cases not otherwise provided 
for, if no person eligible to the office receives the requisite 
number of votes to elect him, tlien the governor shall 
order a new election ; provided^ however^ that nothing in 
this section shall give the governor and council authority 
to determine questions of eligibility in cases of senators 
and representatives to the legislature. lb. § 15. 

16. The clerk of each town shall deliver or cause to be 
delivered at the office of the secretary of State, the re- 
turns of votes given in his tow^n, for governor, senators, 
representatives to the legislature, representatives to con- 
gress, electors of president and vice-president of the United 
States, and for county officers, within thirty days next 
succeeding any meeting for their election, or shall deposit 
them, post-paid, in some post-office, directed to the secre- 
tary of State, within fourteen days after such meeting, to 
be transmitted by mail ; and shall also forward, as soon as 
practicable, to such office a statement attested by him of 
the number of votes for said several officers, given at such 
election in his town, wdiich shall be opened and filed by 
the secretary, and kept for the examination of the public, 
lb. § 33. 

17. If any such return is not received by the secretary 
of State within thirty days next after such meeting, he 
shall forthwith notify the county attorney of the county 
in which such town is situated, who shall give immediate 



PEOCEEDINGS AT ELECTIONS. 41 

notice thereof to the clerk of such town, and unless he 
receives satisfactory evidence that said clerk has complied 
with the requirements of the preceding section, he shall 
prosecute for the penalty liereinafter provided. lb. § 86. 

18. When any such original return is in any way lost 
or destroyed, the selectmen and clerk of such town, on 
receiving information of such loss or destruction, shall 
forthwith cause a copy of the record of the meeting, at 
which such vote was given, to be made with their certifi- 
cate upon the same sheet, that it is a true copy of the 
record, that it truly exhibits the names of all persons 
voted for for the offices designated, and the number of 
votes given for each at such meeting, and that said copy 
contains all the facts stated in the original return. lb. § 35. 

19. The selectmen and town clerk, who were present at 
the meetino* and sig-ned the orioinal return, shall sim the 
certificate mentioned in the preceding section, designating 
their ofiice against their names as in the original return, 
and make oath that said copy and certificate are true, be- 
fore some justice of the peace of the county, who shall 
make certificate of such oath on the same paper. lb. § 36. 

20. Such copy and certificates shall then be sealed up, 
and directed to the secretary of State, with the nature of 
the contents wiitten on the outside ; and the clerk of such 
town shall cause the same to be delivered into the ofiice 
of the secretary of State, as soon as may be. lb. § 37. 

21. "When the selectmen of any town, not classed with 
others as a representative district, by any means have 
knowledge that the seat of a representative thereof has 
been vacated by death, resignation, or otherwise, they sliall 
forthwith issue their warrant, giving at least seven days 
notice, for a meeting of the electors of said town to fill such 
vacancy; and at such meeting the like proceedings shall 
be had, as at any meeting held on the second Monday in 
September for the like purpose. lb. § 38. 

22. The offense of double voting may be committed, 
although the presiding officer may not keep a check-list, 
and although he may throw out the ballots after the double 
voting has taken i^lace, and commence the voting again. 
21 Maine, 62. 

23. It is not a valid objection to an election that illegal 
votes were received, if they did not change the result. 21 
Pick. 148. 

24. Parol evidence may be admitted to show that the 
moderator of a town meeting was sworn, when the record 
is silent on the subject. 46 Maine, 390. 



42 MAINE TOWNSMAN". 

25. From the known practice of towns to choose 
three selectmen, it will be presumed, unless the contrary 
appears, that number was chosen. 48 lb. 353. 



CHAPTER XI. 

ELECTION OF GOVERNOR. 



1. How elected. 

2. Qualifications. 

3. If not elected, what. 



4. Governor's po rer. 

5. Vacancy, how filled. 



1. The meeting for the election of governor shall be no- 
tified, held, and regulated, and the votes shall be received, 
sorted, counted, declared, and recorded, in the same man- 
ner as those for senators and representatives. They shall 
be sealed and returned into the secretary's office in the 
(same manner, and at the same time, as those for senators. 
Const. Art. 5, § 3. 

2. The governor shall, at the commencement of his term, 
be not less than thirty years of age, a natural born citizen 
of the United States, have been five years a resident in the 
State, and at the time of his election, and daring the tei-m 
for which he is elected, be a resident of the State. No 
person holding any office or place under the United States, 
this State, or any other power, can exercise the office of 
governor. lb. § 4, 5. 

3. A plurality of all the votes returned are necessary 
to an election. If no person has a plurality, the house 
of representatives shall, by ballot, elect two from the 
persons having the four highest number of votes, if so 
many there be, and return them to the senate ; and the 
senate shall, by ballot, elect one of them governor. lb. 
§ 3, as amended. 

4. The governor is commander-in-chief of the army and 
navy of the State, and of the militia, except when called 
into the actual service of the United States. lb. § 7. 

5. When the office of governor becomes vacant, the 
president of the senate is governor. In case of vacancy 
in the presidency of the senate, so acting as governor, the 
speaker of the house of representatives shall exercise the 
office until a president of the senate is chosen ; and, when 
all these offices are vacant at the same time, the secretary 
of State must, by proclamation, convene the senate, that 
a president may be chosen to exercise the office of gov- 
ernor, lb. § 14. 



ELECTION OF SENATORS. 43 



CHAPTER XII. 



ELECTION OF SENATORS. 



1. Total number of the senate. 

2. Meetings for the choice of senators 

3. Senatorial districts. 

4. First district, three senators. 

5. Second district, four senators. 

6. Third district, two senators. 

7. Foui-th district, two senators. 

8. Fifth district, one senator. 

9. Sixth district, one senator. 

10. Seventh district, two senators. 



11. Eighth district, two senators. 

12. Ninth district, one senator. 

13. Tenth district, four senators. 

14. Eleventh di--trict, one senator. 

15. Twelfth district, one senator. 

Itj. Thirteenth district, two senators. 

17. Fourteenth district, two senators. 

18. Fifteenth district, two senators. 

19. Sixtpenth district, one senator. 

20. Qualifications of senators. 



1. The senate sltall consist of thirty-one members, 
elected at the same time, and for the same term as the 
representatives. Const, art. 4 part 2, § 1, as amended. 

2. The meetings for the choice of senators shall be 
notified, held, and regulated, and the votes received, 
sorted, counted, declared, and recorded, in the same 
manner as those for representatives. And fair copies of 
the list of the voters shall be attested by the selectmen 
and town clerks of towns, and assessors and clerks of 
plantations, and sealed up in open town and plantation 
meetings; and the town and plantation clerks respec- 
tively shall cause the same to be delivered into the 
secretary's office, thirty days at least before the first 
Wednesday of January. Const, art. 4, § 3. 

3. The State is divided into sixteen districts for the 
choice of senators, and each district shall be entitled to 
elect the number of senators herein provided, for the 
term of eight years. Resolves, 1883. 

4. The county of York shall form the first district, 
and be entitled to elect three senators. 

5. The county of Cumberland shall form the second 
district, and be entitled to elect four senators. 

6. The county of Oxford shall form the third district, 
and be entitled to elect two senators. 

7. The county of Androscoggin shall form the fourth 
district, and be entitled to elect two senators. 

8. The county of Franklin shall form tlie fifth district, 
and be entitled to elect one senator. 

9. The county of Sagadahoc shall form the sixth dis- 
trict, and be entitled to elect one senator. 



44 



MAINE TOWNSMAN. 



10. The county of Kennebec shall form the seventh 
district, and be entitled to elect two senators. 

11. The county of Somerset shall form the eighth 
district, and be entitled to elect one senator. 

12. The county of Piscataquis shall form the ninth 
district, and be entitled to elect one senator. 

13. The county of Penobscot shall form the tenth 
district, and be entitled to elect three senators. 

14. The county of Lincoln shall form the eleventh 
district, and be entitled to elect one senator. 

15. The county of Knox shall form the twelfth dis- 
trict, and be entitled to elect two senators. 

16. The county of Waldo shall form the thirteenth 
district, and be entitled to elect two senators. 

17. The county of Hancock shall form the fourteenth 
district, and be entitled to elect two senators. 

18. The county of VV ashington shall form the fifteenth 
district, and be entitled to elect two senators. 

19. The county of Aroostook shall form the sixteenth 
district, and be entitled to elect two senators. 

20. The senators shall be twenty-five years of age at 
the commencement of the term for which they are elected, 
and in all other respects their qMalifications shall be the 
same as those of the representatives. Const, art. 4, part 
2, §G 



CHAPTER XIII 



ELECTION OF REPRESENTATIVES TO THE STATE LEGISLATURE. 



Total number of the house of repre- 
sentatives. 

Meetings for the choice of represent- 
atives. 

Vacancies may be filled. 

Plurality elects. 



5. Meetings when no choice made. 

6. Notice of contested elections. 

7. Form of certificate of election. 

8. Return of votes in writing 

9. Qualifications of representatives. 



1. The house of representatives shall consist of one 
hundred and fifty-one members. Amt. of Const. 1841. 

2. The meetings for the choice of representatives shall 
be warned in due course of law by the selectmen of the 
several towns, seven days at least before the election ; and 
the selectmen shall preside impartially at such meetings, 
receive the votes of all the qualified voters present, sort, 



ELECTION OF REPRESENTATIVES TO LEGISLATURE. 45 

count, and declare them in open town meeting, and in 
presence of the town clerk, who shall form a list of the 
persons voted for, with the number of votes for each per- 
son against his name, and make a fair record thereof, in 
presence of the selectmen, and in open town meeting; and 
a fair co-pj of this list shall be attested by the selectmen 
and town clerk. Const, art. 4, § 5, part 1. 

3. Whenever the seat of a member shall be vacated 
by death, resignation, or otherwise, the vacancy may be 
filled by a new election. lb. art. 4, § 6. 

4. A plurality of votes is sufficient to elect representa- 
tives. 

5. When, at a town meeting held for the election of 
representatives to the State legislature, by reason of two 
or more persons having an equal number of votes, a choice 
is not effected of any or all the representatives to which 
the town is entitled, the meeting shall be adjourned to the 
same day of the week following, and to the same hour and 
place at which the first meeting was called; and at such 
adjourned meeting the voters shall give in their votes for 
so many representatives as are necessary to make up the 
number to which said town is entitled; and like adjourn- 
ments shall be had until the full number is elected. R. S. 
c. 4, § 30. 

6. When any person intends to contest, before the 
house of representatives, the right of any j)erson to his 
seat therein, he shall present his petition to said house 
within three days after the organization thereof, stating the 
grounds upon which he proposes to contest the seat of the 
l^erson claiming to hold the same. Depositions may be 
taken in the manner authorized by the provisions of chap- 
ter one hundred and seven of the Revised Statutes in 
cases of contested senatorial elections. lb. § 52. . 

7. The form of certificate of the election of represent- 
ative may be as follows: 



STATE OF MAINE. 

At a legal meeting of the inhabitants of the town of 
in the county of , quahfied by the constitution 



to vote for re})resentatives, held on the second Monday of 
September, being the day of said month, a. d. , 



46 



MAINE TOWNSMAN. 



the said inhabitants gave in their votes for a representative 
to represent them in the legisl ature of this State ; and the 
same were received, sorted, comited, and declared in open 
town meeting by the selectmen who presided, and in the 
presence of the town clerk, who formed a list of the per- 
sons voted for, and made a record thereof as follows : 

For A. B. votes. 

For C. D. votes. 



The whole number of votes given in was 

A. B.) 
C. D. y 



Attest, 



E. F.) 



Selectmen of 



A. B., Town Clerk. 



8. The votes given in mnst be in writing, and not in 
figures; and the number of votes for each candidate, and 
the aggregate number, must be inserted in the return. 

9. No person shall be a member of the house of repre- 
sentatives unless lie shall, at the commencement of the 
period for which he is elected, have been five years a citi- 
zen of the United States, have arrived at the age of 
twenty-one years, have been a resident in this State one 
year, and for the three months next preceding the time of 
his election shall have been, and during the period for 
which he is elected shall continue to be, a resident in the 
town or district which he represents. Const, art. 4, part 
1, §4. 



I 



CHAPTER XIV 



ELECTION OF REPRESE>fTATIVE3 IN CLASSED TOAVNS. 



1. Meetings of selectmen of classed 

towns. 

2. Form of a certificate of election. 

3. Vacancies in classed towns. 



4. Duty of selectmen. 

5. Power of classed towns and planta- 

tions. 



1. The meetmgs withm this btate lor the choice of 
representatives shall be warned in due course of law by 
the selectmen of the several towns seven days at least 
before the election, and the selectmen thereof shall pre- 
side impartially at such meetings, receive the votes of all 
the qualified electors present, sort, count and declare 



ELECTION OF EEPEESENTATIVES IN CLASSED TOWNS^ 

them in open town meeting, and in the presence of the 
town clerk, who shall form a list of the persons voted 
for, with the numbe? of votes for each person against his 
name, shall make a fair record thereof in the j:iresence of 
the selectmen ?nd in open town meeting. And the 
towns and plantations organized by law, belonging to 
any class herein provided, shall hold their meetings at 
the same time in the respective towns and plantations ; 
and the town and i^lantation meetings in such to^^ns and 
plantations shall be notified, held and regulated, the votes 
received, sorted, counted and declared in the same man- 
ner. And the assessors and clerks of plantations shall 
have all the powers, and be subject to all the duties, 
w^hicli. selectmen and town clerks have and are subject 
to by this Constitution. And fair copies of the lists of 
votes shall be attested by the selectmen and town clerks 
of towns, and the assessors of plantations, and sealed up 
in open town and plantation meetings ; and the town and 
plantation clerks respectively shall cause the same to be 
delivered into the secretary's office thirty days at least 
before the first Wednesday of January biennially. Const. 
art. 4, § 5. 

2. Form of a certificate of election : 

At a legal meeting of the inhabitants of the towns of 
qualified by the constitution to vote for representa- 



tives to the State legislature, to give in their votes for a 
representative to represent said towns as a representative 
district in the State legislature, the same were received, 
sorted, counted, and declared in open town meeting by the 
selectmen of said towns, Avho presided, and in the presence 
of the clerks of said towns, who formed lists of the per- 
sons voted for, and made record thereof, as follows: 

Town of , A. B. votes for representative. 

Town of , C. D. votes for representative. 

Town of , A. B. votes for representative. 

Tow^n of , C. D. votes for representative. 

votes. 

The wdiole number of ballots given in was ; and, 

the said A. B. having the highest number of all the votes 
given in, the said selectmen of said towns have delivered 
to him certified copies of said lists of votes as aforesaid. 



48 MAINE TOWNSMAN. 

Given under our hands this day of 



1 



18- 



-, A. D. 



:ll 




Selectmen of- 
Selectmen of ■ 



3. When the selectmen of the oldest town in a district 
are duly notified, or otherwise satisfied that at the last 
meeting of the district for the election of a representative, 
no choice was effected, or that the seat of their represent- 
ative has been vacated, they shall, as soon as may be, 
leaving a convenient time for calling meetings in the sev- 
eral towns, appoint a day of election to fill such vacancy, 
and notify the selectmen of the other towns accordingly. 
R S. c. 4, § 49. 

4. The selectmen of the several towns shall call meet- 
ings upon the day appointed, and proceedings shall then 
be had as required by the constitution and laws for the 
election of representatives on the second Monday of Sep- 
tember, lb. § 50. 

5. Towns and plantations classed into districts for the 
choice of a representative, have a right to choose one, 
though a majority of the towns may vote not to send. 6 
Maine, 486. 



CHAPTER XV. 



APPORTIONMENT OF REPRESENTATIVES. 



1. County of Androscoggin. 

2. County of Aroostook. 

3. County of Cumberland. 

4. County of Franklin. 

5. County of Hancock, 

6. County of Kennebec. 

7. County of Knox. 

8. County of Lincoln. 

9. County of Oxford. 



10. County of Penobscot. 

11. County of Piscataquis. 

12. County of Sagadahoc. 

13. County of Somerset. 

14. County of Waldo. 

15. County of Washington. 

16. County of York. 

17. Apportionment not to be altered. 



The following is a full analysis of the "Resolve for ap- 
portioning one hundred and fifty-one representatives 
among the several counties, cities, towns, plantations, and 



APPOETIONMENT OF EEPEESENTATIVES. 49 

classes in the State of Maine" passed in 1883 to and 
including the year 1891. 

1. County of Androscoggin^ eleven ; viz. : 
Lewiston, four ; Auburn, two ; Turner and Livermore, 

one ; East Livermore, Leeds and Greene, one ; Lisbon 
and Webster, one; Minot and Durham, one; Poland and 
Wales, one. 

2. County of Aroostook^ ten ; viz. : 

Linneus, number eleven range one, Amty, Orient 
Weston, Bancroft, Haynesville, Oakfield, Glen wood, Reed, 
Barker, number three, number four range three, and all 
other unorganized townships in ranges two and one, one ; 
Houlton and Hodgdon, one; Presque Isle, Washburn, 
Mapleton, Chapman and Westfield, one; Monticello, 
Bridge water, Blaine, Littleton, New Limerick, Ludlow, 
letter B range two, letter C range two, letter D ]*ange 
two, and letter E range two, one ; Fort Fairfield, Easton 
and Mars Hill, one; Caribou, Woodland, Perham and 
New Sweden, one ; Saint F^rancis, all unincorporated 
places above Saint Francis, Saint John, Fort Kent, New 
Canada, Wallagrass, Eagle Lake, Portage Lake, Sheridan, 
Castle Hill, Wade, Nashville, all townships west of range 
seven, numbers thirteen, fourteen range five, numbers 
fourteen, fifteen, sixteen, seventeen range six, and numbers 
nine, ten, eleven, twelve, thirteen, fourteen, fifteen range 
seven, one; Grand Isle, Van Buren, Cyi* plantation, Ham- 
lin plantation, Caswell plantation. Limestone plantation, 
Connor, and numbers sixteen and seventeen range three, 
one; French ville, Madawaska, numbers fifteen, sixteen, 
seventeen range four, numbers fifteen, sixteen and seven- 
teen range five, one ; Sherman, Benedicta, Silver Ridge, 
number one range five, Molunkus, Macwahoc, Island 
Falls, Dyer Brook, Merrill, Smyrna, Masardis, Ashland, 
number eleven range six, Oxbow, numbers seven, eight, 
nine, range five, Moro, Hersey, Crystal, numbers one, two, 
three, seven, eight, nine, ten, eleven range four, numbers 
six, seven, eight, nine, ten range three, and number ten 
range six, one. 

3. County of Cumberland^ twenty, viz. : 
Portland, five ; Cape Elizabeth, one ; Westbrook, one ; 

Deering, one ; Brunswick, one ; Gorham, one ; Bridgton, 
one ; Windham, one ; Pownal and Freeport, one ; Harri- 
son, Otisfield and Casco, one; Baldwin and Standish, 
one ; Gray and New Gloucester, one ; Falmouth and 
Cumberland, one; Raymond, Naples and Sebago, one 
4 



50 



MAINE TOWNSMAN. 



Yarmouth and North Yarmouth, one; Scarborough for 
the years eighteen hundred and eighty-five and eighteen 
hundred and eighty-nine, one ; Harpswell for the years 
eighteen hundred and eighty-seven and eighteen hundred 
and ninety-one, one ; Harpswell shall choose one in the 
years eighteen hundred and eighty-six and eighteen hun- 
dred and ninety, if by reason of an amendment of the 
constitution, annual and regular sessions of the legisla- 
ture shall be held in those years ; and Searborougb shall 
choose one in eighteen hundred and eighty-eight, if, for 
the same reason, such session shall be held in that year. 

4. County of FranMin, four ; viz. : 

Jay, Chesterville, Wilton and Carthage, one ; Farm- 
ington and New Sharon, one ; Avon, Strong, Phillips, 
Weld, Temple, Perkins plantation, Wasliington planta- 
tion, number six plantation, letter E plantation, one ; In- 
dustry, New Vineyard, Freeman, Salem, Kingfield, Eus- 
tis, Madrid, Rangely, Rangely plantation, Dallas planta- 
tion, Greenville plantation, Coplin plantation, and all 
other territory in Franklin county not included in any 
other district, one. 

5. County of Hancock^ \\\WQ,\ viz.: 

Ellsworth, one ; Bucksport and Yerona, one ; Oriand, 
Castine and Brooksville, one ; Bluehill, Surry and Ded- 
hani, one ; Mount Desert, Eden, Tremont and Cranberry 
Isles, one; Deer Isle, Swans Island, and all other islands 
in said county not included in any other district, one ; 
Gouldsborough, Sullivan, Franklin, Eastbrook, and town- 
ships and plantations numbers seven, eight, nine, ten and 
twenty-one, one ; Trenton, Lamoine, Hancock, Waltham, 
Mariaville, Otis, Amherst, Aurora, plantation number 
thirty-three, and all other plantations and townships not 
included in any other district, one; Penobscot, Sedgwick, 
Brooklin and Long Island, one. 

6. County of Kennebec ^\ki\x\,Q&a.\ viz.: 

Augusta, two ; Gardiner, one ; Waterville, one ; Hal- 
lowell, one ; Winthrop, Belgrade and Rome, one ; Read- 
field, Fayette, Vienna and Mount Vernon, one ; Litch- 
field, Monmouth and Wayne, one ; West Waterville, Sid- 
ney and Manchester, one ; Pittston, West Gardiner and 
Farmingdale, one ; Clinton, Benton and Winslow, one ; 
China, Albion, Chelsea and Unity plantation, one; Vas- 
salborough and Windsor, one. 

7. County of Knox^ eight ; viz. : 

Camden, one ; Rockland, two ; Thomaston, Matinicus 



APPOETIONMENT OF BEPEE SENT ATI VES. 51 

Isle plantation and Muscle Ridge j^lantation, one ; Saint 
George, Gushing and Friendsliii), one ; South Thomaston, 
Vinalhaven, North Haven and Hurricane Isle, one ; 
Washington, Appleton and Hope, one; Warren and 
Union, one. 

8. County of Lincoln^ six ; viz. : 

Bristol and Damariscotta, one ; Boothbay and South- 
port, one ; Dresden, Wiscasset, Edgecomb and Westport, 
one ; Alna, Newcastle, Nobleborough and Somerville, 
one ; Jefferson, Whitefield and Bremen, one ; Waldo- 
borough, Monhegan and Muscongus, one. 

9. County of Oxford^ seven ; viz. : 

Norway, Oxford and Hebron, one ; Paris, Buckfield 
and Milton, one ; Hiram, Fryeburg, Stow and Lovell, 
one; Porter, Brownfield, Denmark, Waterford and Sw^e- 
den, one ; Hartford, Sumner, Canton, Woodstock and 
Greenwood, one ; Peru, Dixfield, Franklin plantation, 
Mexico, Roxbury, Byron, Andover and Humford, one ; 
Newry, Grafton, Upton, Lincoln plantation, Bethel, Gil- 
ead. Mason, Albany, Stoneham, Hanover, Riley, number 
five range one, and all territory not included in either of 
the above classes, one. 

10. County of Penobscot^ sixteen ; viz. : 

Bangor, three ; Dexter and Garland, one ; Exeter, Co- 
rinna and Newport, one ; Plymouth, Etna, Dixmont and 
Newburg, one ; Corinth, Charleston and Bradford, one ; 
Stetson, Levant, Carmel and Kenduskeag, one ; Hamp- 
den and Orrington, one ; Brewer and Veazie, one; Oro- 
no, Glenburn and Hermon, one; Oldtown, Alton and 
Hudson, one; Eddington, Holden, Clifton, Bradley, Mil- 
ford, Greenfield and Greenbush, one ; Lagrange, Argyle, 
Edinburg, Howland, Maxfield, Mattamiscontis, Passa- 
dumkeag, Lincoln and Enfield, one ; number one planta- 
tion, number two Grand Falls plantation, Lowell, Bur- 
lington, number three south of Lee, Lakeville plantation, 
Carroll, Springfield, Lee, Prentiss and Webster planta- 
tion, one; Chester, Winn, Mattawamkeag, Kingman, 
Drew plantation, Medway, Woodville plantation, Stacey- 
ville plantation, Patten, Mount Chase, and all other ter- 
ritory in Penobscot county not included in any other 
class, one. 

11. County of Piscataquis, three ; viz. : 
Atkinson, Brown ville, Medford, Milo, Orneville, Sebec, 

Williamsburg, Barnard, Bowerbank, number four range 
eight, numbers four, five, six and seven range nine, one ; 



52 MAINE TOWNSMAN-. 

Foxcroft, Dover, Parkman and Sangerville, one ; Abbot, 
Blanchard, Greenville, Guilford, Willimantic, Kingsbury, 
Monson, Shirley, Wellington, and all other territory not 
included in any other class, one. 

12. County of Sagadahoc, ioViY\ \\z.'. 
Kichmond, Bowdoin and Perkins, one ; Bowdoinham, 

Topsham and West Bath, one; Bath, one; Woolwich, 
Arrowsic, Georgetown and Phipsburg, one. 

13. County of Somerset, eight ; viz. : 

Fairfield, Smithfield and Mercer, one ; Norridgewock, 
Madison and Solon, one; Cambridge, Harmony, Hart- 
Jand, Ripley and St. Albans, one; Pittsfield, Palmyra and 
Detroit, one ; Skowhegan, one ; Canaan, Cornville, Ath- 
ens and Brighton, one; Mayfield, Bingham, Moscow, 
Concord, Embden, Lexington, Dead River, Moose River, 
West Forks, Flagstaff:', the Forks, and all other planta- 
tions, one ; Starks, Anson and New Portland, one. 

14. County of TT«^c/o, seven ; viz.: 

Belfast, one ; Stockton, Prospect and Searsport, one ; 
Fi'ankfort, Winterport and Munroe, one ; Burnham, Troy, 
Unity, Thorndike and Jackson, one; Lincolnville, Isle- 
borough, Northport and Belmont, one; Liberty, Mont- 
ville, Searsmont and Palermo, one; Freedom, Knox, 
Brooks, Waldo, Morrill and Swanville, one. 

15. County of Was/n7iyton, ten; viz. : 

Eastport, one ; Calais, one ; East Machias, Alexander, 
Marshtield, Whitneyville, Crawford, Wesley, numbers 
eighteen and nineteen east division, one; Dennysville, 
Meddybemps, Lubec, Charlotte and Edmunds, one; Pem- 
broke, Perry, and Robbinston, one; Cherryfield, Steuben, 
Millbridge, Deblois, Beddington and Deveraux, one; 
Machias, Columbia Falls, Columbia, Northfield and num- 
ber eighteen middle division, one; Whiting, Machiasport, 
Marion, Trescott, Cutler, Cooper and number fourteen 
east division, one ; Jonesport, Addison, Harrington, Jones- 
borough and Centerville, one ; Danforth, Princeton, Bailey- 
ville, Jjaring, Topsfield, Waite, number seven, range two, 
number nine, range four, Codyville, Brookton, Talmadge, 
number twenty-one, north division plantation, and all ter- 
ritory not otherwise classed, one. 

16. County of JorA;, fifteen ; viz.: 

Biddeford, two ; Saco, one ; Kittery, one ; Newfield, 
Shapleigh and Acton, one ; Hollis and Buxton, one ; 
Dayton and Kennebunkport, one; Eliot, for the years 
eighteen hundred and eighty-five, eighteen h'iudred and 



ELECTION OF EEPEESENTATIVES TO CONGRESS. 



53 



eighty-six, eighteen hundred and eighty-nine and eighteen 
hundred and ninety, one ; South Berwick, for the years 
eighteen hundred and eighty-three, eighteen hundred and 
eighty-four, eighteen hundred and eighty-seven, eighteen 
hundred and eighty-eight, eighteen hundred and ninety- 
one and eighteen hundred and ninety-two, one ; Water- 
borough and Limerick, one ; Sanford and Lebanon, one ; 
Lyman, Limington and Okl Orchard, one ; Cornish and 
Parsonsfield, one ; Berwick and North Berwick, one ; 
York, for the years eighteen hundred and eighty-five, 
eighteen hundred and eighty-six, eighteen hundred and 
eighty-nine, eighteen hundred and ninety, one ; Wells, 
for the years eighteen hundred and eighty-seven, eighteen 
hundred and eighty-eight, eighteen hundred and ninety- 
one and eighteen hundred and ninety-two., one ; Alfred 
and Kennebunk, one. 

17. After a general representative apportionment has 
been made, conformably to the constitution, the legislature 
has not the constitutional power to alter the representa- 
tive districts established by that apportionment. — Opinion 
of S. J. Court. 33 Maine, 586. 



CHAPTER XVL 



THE ELECTION OP REPRESENTATIVES TO CONGRESS, 



1. LeOTslature to prescribe the time of 

elections. 

2. Representatives chosen biennially. 

3. Act of March, 1871. 

4. First congressional district. 

5. Second congressional district. 

6. Third congressional district. 

7. Fom-th congressional district. 



8. Representatives shall be residents. 

9. Day of election. 

10. Meetings, how notified and con- 

ducted. 

11. If no choice. 

12. Vacancies. 

13. Form of the return. 

14. Chosen by plurality ; qualification. 



1. The times, places, and manner of holding elections 
for senators and representatives, shall be prescribed in 
each State by the legislature thereof; but the congress 
may at any time, by law, make or alter such regulations, 
except as to the places of choosing senators. Const. U. 
S. art. 1, § 4. 

2. The house of representatives in the congress of the 
United States shall be composed of members chosen 
every second year by the people of the several States ; 
and the electors in each State shall have the quahfications 



64 MAINE TOWNSMAN. 

requisite for the electors of tbe most numerons branch of 
the State legislature. lb. § 2. 

3. The act providing for the choice of representatives 
to congress, approved February 26, 1883, is as follows, 
viz.: 

4. The counties of York and Cumberland shall compose 
the first district, and be entitled to one representative. 

5. The counties of Oxford, Franklin, Androscoggin, 
Sagadahoc, Knox, and Lincoln, shall compose the second 
district, and be entitled to one representative. 

6. The counties of Kennebec, Somerset, Waldo, and 
Hancock, shall compose the third district, and be entitled 
to one representative. 

7. The counties of Penobscot Piscataquis, Aroostook, 
and Washington, shall compose the fourth district, and 
be entitled to one representative. 

8. The representatives chosen in the several districts 
shall, at the time of their election, be residents therein. 
The foregoing districts continue in force until an appor- 
tionment among the several States shall be made by con- 
<>ress after the taking of the eleventh census. Act, 1883. 

9. The election shall take place and be on the second 
Monday of Sej^tember, biennially. 

10. Meetings for the election of representatives to 
congress are to be called and conducted as those held for 
the election of governor, senators, and representatives. 
K. S. c. 4, § 31. 

11. In case there should be no choice of the represen- 
tative to which any district may be entitled, the governor 
shall cause precepts to be issued to the selectmen of the 
several toAvns, the assessors of the several plantations, and 
the municipal authorities of any city within such district, 
dkecting and requiring them to cause the inhabitants of 
such town, plantation, or city, qualified as aforesaid, to 
assemble, as aforesaid, on a day in such precept to be 
appointed, to give in their votes for representative. 

12. So, also, when any vacancy happens in the repre- 
sentation of the State in congress. 

13. Form of the return : 

STATE OF MAINE. 

At a legal meeting of the inhabitants of the town of- 



in the county of , qualified by the constitution to vote 

for representatives in the legislature of this State, on the 



COUNTY OFFICERS. 55 

second Monday of September, being the day of said 

month, in the year one thousand eight hundred and eighty 
, the said inhabitants give in their votes for a repre- 
sentative to represent this State in the congress of the 

United States, for the congressional district ; and the 

same were received, sorted, counted, and declared in open 
town meeting, by the selectmen who presided, and in 
presence of the clerk of said town ; and the selectmen 
at such meeting made public declaration of the persons 
voted for, and the number of votes they respectively 
had; and the clerk formed a list of the persons voted 
"for, and made a record as follows : 

For votes. 

For votes. 

The whole number of votes given in for representative 
in congress at said meeting was . 

A. B. ) 

C. D. >• Selectmen of . 

E. F.) 
Attest, , Town Clerk. 

14. Representatives to congress are elected by plu- 
rality. They must be twenty-five years of age, and have 
been seven years a citizen of the United States, and, 
when elected, an inhabitant of the State in which they 
shall be chosen. 



CHAPTER XVII. 



ELECTION OF REGISTER OF DEEDS, COUNTY TREASURER, 
AND OTHER COUNTY OFFICERS. 



1. Register of deeds, wlien chosen. 

2. Meetings for tlie election of register. 

3. Vaco,ncies, how tilled. 

4. Regi^"try of districts. 

5. Vfcancy of register and his clerk. 

6. County treasurer, when chosen. 



7. Meetings for the election of treas- 

m-er. 

8. Vacancy. 

9. Comity officers, when chosen. 
10. Other officers. 



\ 



1. In each county and in each registry district estab- 
lished by law, there shall be chosen by ballot, by such 
persons as are qualified to vote for representatives at 
town meetings, on the second Monday of September in 
the year one thousand eight hundred and eighty-two, 



36 MAINE TOWNSMAN. 

and every four years thence following, some person to be 
register of deeds. II. S., c. 7, § 1. 

2. The meetings for election of register of deeds shall 
be notified, held and regulated, and the votes received, 
sorted, counted, declared, and recorded, in the same man- 
ner as votes for representatives, and fair copies of the 
lists of votes shall be attested by the municipal officers 
and clerks of towns, and sealed up in open town meeting ; 
and the town clerk shall cause them to be delivered into 
the office of the secretary of State within thirty days 
next succeeding any meeting for their election. And the 
governor and council shall, by the first day in December 
following, open and examine the same, and also the lists 
of votes of citizens in the military service returned to 
said office under the provisions of the law in that behalf. 
They shall have the same power to correct errors as is 
conferred by section five of chapter seventy-eight of the 
Revised Statutes ; and they shall issue certificates of 
election forthwith to such persons as have a plurality of 
all the votes for each county or registry district ; and the 
person thus elected, and having given the bond required 
in section three, c. 7, R. S., duly approved by the county 
commissioners, shall hold his office for the term of four 
years from the first day of January thereafter, and until 
another shall be chosen and qualified. lb. § 2. 

3. Vacancies occurring in said office by death, resigna- 
tion, or otherwise, shall be filled by election in manner 
aforesaid, at the September election next after their 
occurrence ; and in the meantime the governor, with 
the advice and consent of the council, may fill said vacan- 
cies by appointment, and the person so appointed shall 
hold his office until the first day of January thereafter, 
lb. § 4. 

4. The towns of Hiram, Porter, Brownfield, Denmark, 
Fryeburg, Sweden, Lovell, Stoneham, and Stowe, in the 
county of Oxford, shall compose the western registry 
district of Oxford county, and the register shall keep his 
office at Fryeburg. lb. § 6. 

All that part of the county of Aroostook lying north of 
a line commencing in the south-east corner of township 
F, in the first range west from the east line of the State ; 
thence west on the south line of said township and the 
south line of township K, in the second range, to town- 
ship numbered fifteen in the third range, thence south to 



COUNTY OFFICEES. 67 

the north-east corner of township numbered thirteen in 
the third range, thence west on the dividing line of town- 
ships thirteen and fourteen, to the seventh range line, 
thence north to tlie north-east corner of township num- 
bered thirteen in the eighth range, thence west to the 
west line of the State, shall compose the northern registry 
district of Aroostook county, and the register shall keep 
hisoffice in the town of Madawaska, in said district. lb. § 7. 

5. In case of vacancy in the office of register and of 
his clerk in any county or registry district, the clerk of 
the judicial courts of the same county, being first duly 
sworn, shall perform all the duties and services required 
of a register of deeds during such vacancy ; shall com- 
plete all unfinished business; and be entitled to the same 
compensation and subject to the like liabilities, as a regis- 
ter of deeds ; and his certificate shall have the same effect 
as if made by the register. lb. § 8. 

6. In each county there shall be biennially chosen on 
the second iMonday of September, by the ballots of such 
persons as are by the constitution authorized to vote for 
representatives, some person resident in such county for 
a county treasurer. lb. c. 8, § 1. 

7. The meetings for their election shall be notified, 
held, and all proceedings as provided for the election of 
register of deeds. Ib.*§ 2. 

8. If a person so chosen declines to accept, or a vacancy 
occurs from any cause, the governor, with the advice and 
consent of the council, may appoint a suitable person of 
the county to that ofiice, who, having accepted the trust, 
given bond, and been duly sworn, as prescribed in R. S. 
c. 8 § 3, shall be treasurer for the remainder of the year, 
and until another is chosen and qualified. lb. § 4. 

9. Clerks of courts are elected for four years, and 
county attorneys and county commissioners for two 
yea,rs. 

10. The constitution has been so amended, that judges 
and registers of probate, sheriffs, and municipal and police 
judges are elected by the people, instead of being ap- 
pointed, as heretofore, by the governor. 



58 



MAINE TOWNSMAN. 



CHAPTER XVIII. 



ELECTIONS IN CITIES. 



1. Voters to meet in wards. 

2. AVarden pro tern. 

3. Voters on islands in Portland. 

4. Proceedings at their meetings. 

5. Voting for city representatives. 



6. When no choice. 

7. Aldermen to be in session. 

8. Same subject. 

9. Election of wardens and clerks. 



1. For the purpose of elections, the inhabitants of cities 
shall meet as the constitution requires, in ward meetings, 
to be notified and warned, as town meetings for similar 
purposes are. 'The warden shall preside ; the clerk shall 
make such record as the constitution requires; and the 
city constables shall preserve order. R. S. c. 4, § 41. 

2. If the warden is absent from any such meeting, or 
refuses or neglects to preside, a warden 2^^o tempore shall 
be chosen, and during such choice the ward clerk shall 
preside ; and the warden pro tempore^ accej^ting the trust, 
shall be duly sworn, and have the power and perform the 
duties of warden of such meeting, and be liable to like 
penalties. lb. §^ 42. 

3. The several islands withiD the city of Portland, so far 
constitute two separate wards as to entitle the voters of 
each of said wards to choose a warden, ward clerk and 
one constable, who shall be residents of said islands and 
of their respective wards. The first of said wards com- 
prises Long Island, Crotch Island, Hope Island, Jevfell's 
Island and Little Chebeague Island, or such parts of said 
islands as are within the city of Portland, and the ward 
meetings of said first ward shall be held on Long Island. 
The second of said wards comprises the remaining islands 
within the €ity of Portland, and the ward meetings of said 
second ward shall be held on Peak's Island. The electors 
of each of said wards may meet as provided in section forty- 
one, and also for the choice of city officers, at the place 
designated, and may on the day of election, vote for all 
officers named in the warrant calling the meeting. lb. § 43. 

4. The warden thereof shall preside impartially at such 
meetings, receive the votes of all the qualified electors pres- 
ent, sort, count, and declare them in open meeting and in the 
presence of the clerk, who shall make a list of the persons 
voted for, with the number of votes for each person against 
his name, and the offices, respectively, and in open ward 
meeting and in the presence of the warden, shall make a 



ELECTIONS IX CITIES. 59 

fair record thereof ; a fair copy of this list shall be attest- 
ed by the warden and clerk, sealed up in open meeting, 
and delivered to the clerk of ward number one in said 
Portland within eighteen hours after closing the polls, and 
the votes thus thrown shall be deemed as thrown in and 
belonging to the last-mentioned ward. lb. § 44. 

5. In voting for representatives to the State legislature 
in the wards of a city, the names shall be on the same 
ballot with the other officers, to be chosen at the meeting 
by voters of like qu'ilifications, unless the board of alder- 
men in their warrant notifying the meeting require a sep- 
arate ballot or ballots, which they may do. lb. § 45. 

6. When a choice of any such representative is not 
effected, the aldermen shall call new meetings of the wards 
for the purpose, to be held at the same time, within two 
weeks after any former meeting; and the like i^roceedings 
shall be had at such meetings as at the first, until a choice 
is effected; an 1 when the aldermen of any city by any 
means have knowledge that the seat of a representative 
tlierein has been vacated by death, resignation, or other- 
wise, they shall call meetings of the wards for the purpose 
of filling such vacancy ; and like proceedings shall be had 
at such meetings as at other meetings for the election of 
representatives. lb. § 46. 

7. In cities containing more than ten thousand inhab- 
itants, the aldermen shall be in session on each of not 
less than four secular days next preceding any day of 
election when a list of voters is required, at some con- 
venient place, to receive evidence of the qualifications of 
voters whose names are not on the lists ; and on satisfact- 
ory evidence produced at such sessions, they shall enter 
the name of the person qualified on the list for the proper 
ward ; and for said purposes said aldermen shall be in 
session in the forenoon from nine to twelve o'clock, and 
from two to five o'clock in the afternoon on each of said 
days ; and in cities containing less than ten thousand in- 
habitants the aldermen shall be in open session on each of 
not less than three secular days and no application shall 
be received after five o'clock on the secular day next pre- 
ceding election. No names shall be added on the day of 
election. lb. § 47. 

8. For the purposes of the preceding section, three aldermen 
shall be a quorum. Notice of the times and places of all sessions, 
required by the preceding section, shall be given in the warrant 
for calling the ward meetings. In all elections in cities, th© 



60 



MAINE TOWNSMAN. 



polls shall be open until four o'clock afternoon, and tlien be 
closed. lb. § 48. 

9. At the annual election of mayor and aldermen, the quali- 
fied electors in each ward shall by written ballot elect a warden 
and clerk, who shall enter on their duties on the Monday next 
following their election, and shall hold their office one year 
therefrom, and until others are chosen and qualified in their 
places. lb. c. 3, § 33. 



CHAPTER XIX 



ELECTIONS IN PLANTATIONS. 



Duty of county commissioners. 
Orgauizatiou of plantations. 



3. Same subject. 

4. Meeting for organization. 

5. Certiiicato Of proceedings. 

6. Annual meeting. 

7. Return of oliicers' names. 

8. Laws applicable to plantations. 



9. Assessors to perform duties of 

selectmen. 

10. List of voters. 

11. Election of State officers. 

12. Votes, how received. 

13. Votes to be allowed same as tOAvns. 

14. Limits of plantation, effect of de- 

fective return. 



1. The county commissioners of the counties containing 
unincorporated townships, shall, at the expiration of every 
period of five years from March, in the year of our Lord 
one thousand eight hundred and sixty-one, determine from 
the United States census when taken the preceding year, 
and by actual enumeration when not so taken, what towm- 
shijjs have not less tlian two hundred inhabitants, and 
make a suitable description and designation thereof, and 
return them to the secretary of State to be by him re- 
corded. R. S. c. 3, § 70. 

2. Immediately after making such return, said commis- 
sioners shall issue their w^arrant to one of the principal 
inhabitants of each of such unincorporated towushi])s, com- 
manding him to notify the inhabitants thereof qualified to 
vote for governor, to assemble on a day and at a place 
named in the warrant, to choose a moderator, clerk, three 
assessors, treasurer, collector of taxes, constable, superin- 
tending school committee, and other necessary plantation 
officers. Notice of such meeting is to be given by posting 
an attested copy of the warrant therefor, in two public and 
conspicuous places in the township fourteen days before 
the day of meeting. Tlie warrant wdth such inhabitant's 
return thereon is to be returned to the meeting, and the 
above-named ofiicers shall be chosen and sworn. lb. § 71. 

3. But any unincoi*porated or unorganized township 
containing any number of inhabitants may be organized as 
follows : 



ELECTIONS IN PLANTATIONS. 61 

Any one or more of the county commissioners on written 
application, signed by three or more persons qualified as 
the constitution requires to be voters, inhabitants of any 
unincorporated or unorganized township in their county, 
may issue a warrant to one of them requiring him to warn 
a meeting of the qualified voters of such place residing 
within the limits described in the warrant ; or when a 
State or county tax is laid on such place the State treas- 
urer or said commissioners without apj^lication therefor, 
may issue such warrant to one of the princiijal inhabitants 
of such place ; and in either case the warrant, notice of 
meeting and proceedings therein, shall be the same as pro- 
vided in the preceding section. lb. § 72. 

4. At the time and place appointed for meetings for the 
organization of plantations as provided in the two preced- 
ing sections, a moderator shall be chosen by ballot by the 
voters present, to preside at such meeting, and the person 
to whom the warrant was directed shall preside till such 
moderator is chosen and by. him sworn. A clerk, three 
assessors, treasurer, and superintending school committee, 
shall be chosen by ballot and sworn by the moderator or 
a justice of the peace. Other plantation officers may be 
chosen by ballot, or other method agreed on by vote of 
the meeting, and shall be duly sworn in the manner above 
named. lb. § 73. 

5. Upon the organization of a plantation, the clerk 
and assessors thereof shall transmit to the secretary of 
State, to be by him recorded, a certified copy of all the 
proceedings had in effecting such organization, including 
the petition for organization, if any, the warrant issued 
therefor and the return thereon, ancl the record of meet- 
ing held in pursuance thereof, and also a written de- 
scription of the limits of the plantation; and thereupon 
all the laws of the State applicable to organized planta- 
tions shall apply to plantations organized as herein pro- 
vided ; but jolantations organized upon the application of 
three or more citizens thereof as above provided, shall not 
be required to pay State or county taxes unless by special 
order of the legislature. lb. § 74. 

6. All organized plantations shall hold their annual 
meeting in March, and choose a clerk, three assessors, treas- 
urer, collector of taxes, constable, superintending school 
committee, one or more surveyors of lumber, and two or 
more fence-viewers ; and highway surveyors shall be ap- 



62 MAINE TOWNSMAN. 

pointed in plantations wherein Mghway taxes are assessed. 

lb. § 75. 

7. The clerks of organized plantations shall make re- 
turn to the secretary of State on blanks by him furnished 
for that purpose on or before the first day of Sept. annual- 
ly, of the names of the assessors and clerks of their sev- 
eral plantations, and that the same have been duly sworn, 
and when any such return is not made by any such plan- 
tation, the secretary of State shall not furnish such phmta- 
tion with blanks for election returns, and no votes purporting 
to be cast by any plantation neglecting to make such re- 
turn, shall be counted or allowed by the governor and 
council. But when a plantation is organized after the first 
day of July of any year, such return is not required to be 
made by the clerk thereof during such year. But the 
votes of such plantations shall not be counted or allowed by 
the governor and council for any purpose, during the year 
of its organization, unless such organization be made at least 
sixty davs prior to the second Monday in September. lb. 
§76. 

8. All laws relating to calling, notifying, and conduct- 
ing town meetings, the election, appointment, qualification, 
duties, powers, compensation, liabilities, and j^enalties for 
ofiicial neglect and misconduct of town ofiicers, apply to 
plantations and their ofiicers, so far as the same may be 
applicable thereto, unless when specially otherwise pro- 
vided. Voters in plantations are liable to the same penal- 
ties for unlawful voting as voters in towns are. lb. § 77. 

9. The assessors of plantations shall be considered the 
selectmen thereof, for the purpose of performing such du- 
ties as the selectmen of towns perform. lb. § 78. 

10. The assessors of each jolantation shall biennially, 
on or before the eleventh day of August, prepare a list of 
such inhabitants, within its limits, as they judire to be 
constitutionally qualified to vote in the election of gover- 
nor, senators, and representatives to the legislature ; de- 
posit it in the ofiice of the plantation clerk ; and jjost it 
up and correct it in the manner required in case of towns. 
K. S. c. 4, § 81. 

11 . They shall call a meeting of such voters, to be held 
on the second Monday of September biennially, at some 
convenient and central place in the plantation, for the elec- 
tion of governor, senators, and rej^resentatives in the State 
legislature, by a warrant in due form by them signed, in 



ELECTIONS IN PLANTATIONS. 63 

wHch the time, place, and purposes of the meeting shall 
be set forth ; and notice shall be given by posting up a 
copy thereof in one or more public places in the j^lantation 
at least seven days before the day of meeting. Similar 
notice shall be given of all meetings for choice of repre- 
sentatives to the legislature, or to congress, of any State 
and county officers, and of electors of president and vice- 
pres-ident. lb. § 82. 

12. Such assessors shall jDreside impartially at all such 
meetings, receive the votes of all qualified voters present, 
sort, count, and declare them in open plantation meeting 
and in presence of the clerk, who shall form a list of the 
persons voted for, with the number of votes for each person 
wiitten out in words against his name, and make a full 
record thereof in presence of the assessors and in open 
plantation meeting. The clerk sliall make out fair copies 
of the list of voters so posted up as corrected, and of the 
names of all voters on said list who were actually present 
and voted at said election, which shall be attested by the 
assessors and the clerk in open plantation meeting, and he 
shall cause the record of said votes to be delivered, within 
the time required by the constitution and the laws, to the 
j)roper person appointed to receive them, and the copy of 
the list of voters and of the names of the persons actually 
present, and voting at the election, to be transmitted to the 
secretary of State with the record of votes aforesaid. lb. 
§83. 

13. The votes so thrown shall be received and allowed 
for electors of president and vice-president of the United 
States, for governor, senators, and representatives to the 
legislature, and to cougress, and for county officers, the 
same as votes thrown in any town in said countv. lb. 
§ 84. ^ 

14. Without a return by the assessors to the office of 
the secretary of State, of certain and definite limits to the 
plantation, the organization is defective and of no validity. 
40 Maine, 218. 



64 



MAINE TOWNSMAN, 



CHAPTER XX 



RETURNS OF VOTES. 



1. Clerks to transmit returns to secre- 

tary. 

2. Failure to receive returns. 

3. Original returns, when lost. 

4. Oatiis taken. 



5. Returns sealed and returned. 

6. Form of return for governor. 

7. For members of congress. 

8. For senators. 



1. The clerk of each town shall deliver, or cause to be 
delivered, at the office of the secretary of State, the returns 
of votes, given in his town, for governor, senators, repre- 
sentatives to the legislature, representatives to congress, 
electors of president and vice president, and for county 
officers, within thirty days next succeeding any meeting 
for the election of such officers, or shall deposit the same 
in some post-office, directed to the secretary of State, 
within fourteen days after such meeting. R. S. c. 4, § 35. 

2. If any such return is not received by the secretary 
of State within thirty days next succeeding such meet- 
ing, he shall forthwith notify the county attorney of the 
county, who shall give immediate notice thereof to the 
clerk of such town, and unless he receives satisfactory 
evidence that said clerk has complied with the require- 
ments of the preceding section, it shall be his duty to 
prosecute for the penalty provided by law. lb. § 36. 

3. Whenever any such original return is lost or de- 
stroyed, the selectnien and clerk of such town, on receiv- 
ing information of such loss or destruction, shall forthwith 
cause a copy of the record of the meeting at which such 
vote was given, to be made, with their certificate upon the 
same sheet, that it is a true copy of the record; that it 
truly exhibits the names of all the persons voted for, for 
the offices designated, and the number of votes given for 
each at such meeting, and that said copy contains all the 
facts which were stated in the original return. lb. § 37. 

4. The selectmen and town clerk, who were present at 
the meeting and signed the original return, shall sign the 
certificate mentioned in the preceding section, designat- 
ing their office against their names as in the original 
return, and make oath that said copy and certificate are 



ELECTORS OF PRESIDENT AND VICE-PRESIDENT. 65 

true, before some justice of the peace of the county, who 
shall make certificate of such oath on the same paper, 
lb. § 38. 

5. Such copy and certificates shall then be sealed up, 
and directed to the secretary of State, with the nature 
of the contents written on the outside; and the clerk of 
such town shall cause the same to be delivered into the 
office of the secretary of State as soon as may be. lb. § 39. 

6. The form of the return of votes for governor: 

At a legal meeting of the inhabitants of the of 

in the county of , qualified as the constitution 



requires to vote for governor, held on the second Monday 
of September, being the — — day of said month, in the 

year of our Lord , the said inhabitants gave in their 

votes for a governor, and the same were received, sorted, 

counted, and declared in open meeting, by the 

who presided, and in presence of the clerk, who 

formed a list of the persons voted for, and made a record 
thereof, as follows: 

For, &c. A. B. ^ 

C. D. V Selectmen of . 

E, F. ) 
Attest, A. B., ClerJc. 

7. The return of votes for representative to congress. 
See c. 16, § 14. 

8. The return of votes for senators and other officers 
may be the same as for governor, with the necessary vari- 
ations. 



CHAPTER XXI. 

OF ELECTORS OF PRESIDENT AND VICE-PRESIDENT. 



1. Day of choosing electors, 

2. Meetings notified. 
S. Return of votes. 
4. Form of return. 



5. Same subject. 

6. Blank forms. 

7. Duties of town officers. 



1. The electors of president and vice-president shall be 
appointed in each State on the Tuesday next after the first 
Monday in the month of November, of the year in which 
5 



6Q MAINE TOWNSMAN. 

they are to be appointed. The State may, by law, provide 
for filling vacancies. When any State fails to make a 
choice of an election, the electors may be appointed on a 
subsequent day, in such manner as the State shall provide. 
Act of Congress, 1845. 

2. On the above day of the year when the election of 
president and vice-president is to be made, the people of 
this State qualified to vote for senators in its legislature 
shall assemble in Jtown, plantation, city, or ward meeting, 
to be notified, held, and regulated in the manner prescribed 
by the constitution and laws for the election of senators. 
Each voter must bring in on a single ballot the names of 
so many electors as he determines to vote for. R. S. c. 4, 
§86. 

3. The votes shall be sorted, counted, declared, and 
recorded ; and the returns of the number of ballots, and 
of the votes given for each respective elector, shall be 
made to the secretary of State on or before the second 
Thursday after such meeting. lb. § 87. 

4. Form of return: 

At a les^al meeting of the inhabitants of the town of -, 



in the county of , qualified to vote for electors of presi- 
dent and vice-president of the United States, held on 

Tuesday, the day of November, a. d. 18 — , the said 

inhabitants gave in their votes for such electors, and the 
same were received, sorted, counted, and declared in open 
town meeting, by the selectmen who presided, and in 
presence of the town clerk, who formed a list of the per- 
sons voted for, and made record thereof, with the number 
of votes for each person on said list, against his name, as 
follows : 

For A. B., votes. 

C. D., votes. 



Signed, 



H. I. >• Selectmen of , 

O. B.) 

Attest, G. H., Tow7i Clerk.* 

5. The returns from the cities and plantations shall be 
in similar form, varying as their difierent organization may 
require. 

6. The secretary of State shall procure blank returns of 
the proper form for such cities, towns, and plantations, and 



GENERAL PROVISIONS. 



67 



furnish them to the several clerks thereof at least thirty 
days before the day for the election of electors as aforesaid, 
lb. § 93. ^ 

7. All laws in force in relation to the duties of city, 
town, and plantation oflScers, and of voters in the election 
of governor, senators, and representatives to the legislature, 
and to the penalties incurred for their violation, shall, as 
far as applicable, apply and be in force in regard to the 
meetings to be held for the election of such electors, and 
to the returns thereof to be made. lb. § 94. 



CHAPTER XXII. 



GENERAL PROVISIONS. 



1. Neglect of duty of town officers, 

penalty. 

2. False certificates, penalty. 

3. Striking names from voting lists 

illegally, penalty. 

4. Mutilating lists, penalty. 

6. Neglect to deliver returns, penalty. 

6. Military parades forbidden. 

7. Bribery at elections, penalty. 

8. Fraudulent voting, penalty. 



9. Betting on elections. 

10. Same subject. 

11. Election not invalid by illegal 

votes, when. 

12. Evidence in action against select- 

men. 

13. Proof of residence in such action. 

14. Origin and powers of towns in 

Massachusetts. 



1. If any selectman, or other town, city, or plantation 
officer, or any such officer chosen pro tempore^ willfully 
neglects or refuses to perform any of the duties required 
of him, or willfully does, authorizes, or permits to be 
done, anything prohibited by the constitution or by law, 
he shall, for each offense, forfeit not less than fifty, nor 
more than five hundred dollars, and be imprisoned in jail 
not more than nine, nor less than three months, except 
where otherwise expressly provided. R. S. c. 4, § 59. 

2. Any officer who makes a false certificate, and makes 
oath to its truth, shall suffer the punishment provided 
against the crime of perjury, and be disqualified from 
holding any office under the constitution and laws of this 
State for ten years. lb. § 68. 

3. If any municipal officer strikes from the list of vot- 
ers, after it is prepared and posted, the name of any 
person residing in the town, without the notice and op- 
portunity for hearing, he shall forfeit not less than twenty, 
nor more than one hundred dollars. lb. § 65, 



68 MAINE TOWNSMAN. 

4. If any person wrongfully alters, erases, or mutilates 
any name on a list of voters, or fraudulently votes in the 
name of another, or under an assumed name, he shall for- 
feit the sum named in the preceding section. lb. § 66. 

5. If a person, to whom the return of votes of any 
city, town, or plantation, for governor, senators, or repre- 
sentatives in Congress, are intrusted by the clerk thereof 
to be forwarded to the office of the secretary of State, 
willfully neglects to use all proper means for their deliv- 
ery within the time required, he shall forfeit not less than 
one hundred, nor more than five hundred dollars, or to 
be imprisoned in jail not less than two, nor more than six 
months. lb. § 69. 

6. If any officer of the militia parades his men, or ex- 
ercises any military command, on a day of election of a 
l^ublic officer, he shall for each offense forfeit not less than 
ten, nor more than three hundred dollars. lb. § 73. 

7. If any person by bribery, menace, willful falsehood, 
or other corrupt means, directly or indirectly attempts to 
influence any voter of this State in giving his vote or 
ballot, or to induce him to withhold it, or disturbs or hin • 
ders him in the free exercise of the right of suffrage, he 
shall be fined not more than five hundred dollars, or im- 
prisoned not more than one year, and be ineligible to any 
office in this State for ten years. lb. § 75. 

8. If a person, at an election of State and county, or 
municipal officers, or of electors of president and vice- 
president, knowingly votes in any city, town, or planta- 
tion where he has no legal right to vote, he shall be 
punished by imprisonment in the county jail not less 
than three months, nor more than one year. lb. § 76. 

9. No person shall make any bet or wager upon the 
result of any election of persons to be voted for in this 
State for any office or j)lace, in money or in any kind of 
property, real or personal, under penalty of forfeiting the 
money or property so bet or wagered, to the city, town, 
or plantation in which he resides; or if he does not reside 
in this State, then to the city, town, or plantation, in 
which the bet or wager is made. lb. § 77. 

10. All conveyances, by deed or otherwise, of any in- 
terest in real estate, made by reason of any such bet or 
wage]', are absolutely void. lb. § 80. 

11. It is not a valid objection to an election that ille- 
gal votes were received, if they did not change the 
majority. 21 Pick. 148. 



GENERAL PROVISIONS. 69 

12. In an action against selectmen for refusing a vote, 
the voter may testify to his own intention in leaving a 
town. 7 Allen, 155. 

13. The proof produced by a voter to the selectmen is 
sufficient prima facie to entitle him to vote, but they*may 
show in an action against them, that he was not in fact a 
legal voter. 3 Allen, 1. 

14. For the origin and powers of towns in Massachu- 
setts, see note, at 9 Gray, 603 to 528. 



TITLE III. 

TAXES. 

Chapter 23. Persons and property liable to taxation, and ex- 
empted therefrom. 

Chapteb 24. Where and to whom persons and proi)erty shall be 
taxed. 

Chapter 25. Valuation and invoice. 

Chapter 26. Taxes in unincorporated places. 

Chapter 27. Appraisal and taxable property and tax table. 

Chapter 28. Assessors of town taxes. 

Chapter 29. Assessment of taxes in plantations. 

Chapter 30. Supplementaiy assessments and abatements. 

Chapter 31. Collector of taxes. 

Chapter 32. Distress and commitment for non-payment of 
taxes. 

Chapter 33. Unpaid taxes on real estate. 

Chapter 34. Town treasurer, when collector of taxes. 



CHAPTER XXIII 



PERSONS AND PROPERTY LIABLE TO TAXATION, 
EXEMPTED THEREFROM. 



AND 



1. Poll-tax, on whom assessed. 

2. Real and personal estate taxable. 
8. Real estate, what it includes. 

4. Real estate of railroads. 

6. Personal estate, what it includes. 



10. 



What exen^pt from taxation. 
Tax on dogs. 
Property to be stated. 
Mortgage of land. 
Banl£, how taxable. 



1. A poll-tax shall be assessed upon every male inhab- 
itant of this State above the age of twenty-one years^ 
whether a citizen of the United States or an alien, unless 
he is exempted therefrom by the provisions of chapter 
six of Revised Statutes. R. S. c. 6, § 1, 

(70) 



PERSONS AND PROPERTY TAXED. 71 

2. All real property within this State, all personal 
property of the inhabitants of this State, and all personal 
property hereinafter specified of persons not inhabitants 
of this State, shall be subject to taxation as hereinafter 
provided. lb. § 2. 

3. Real estate, for the purposes of taxation, excepting 
as provided in section six, shall include all lands in this 
State, and all buildings or other things erected on or 
affixed to the same, and all townships and tracts of land, 
the fee of which has passed from the State, since the year 
one thousand eight hundred and fifty, and all interest in 
timber upon any of the public lands derived by permits 
granted by the State of Massachusetts ; interest and im- 
provements in land, the fee of which is in the State ; and 
interest by contract or otherwise in land exempted from 
taxation. lb. § 3. 

4. The buildings of every railroad corporation or 
association, whether within or without the located right 
of way, and its lands and fixtures outside of its located 
right of way, are subject to taxation by the cities and 
towns in which the same are situated, as other property 
is taxed therein, and shall be regarded as Jnon-resident 
land, lb. § 4. 

5. Personal estate for the purposes of taxation, shall 
include all goods, chattels, moneys, and effects, whereso- 
ever they are ; all ships or vessels, at home or abroad ; 
all obligations for money or other property ; money at 
interest, and debts due the persons to be taxed more than 
they are owing ; all public stocks and securities ; all 
shares in moneyed, railroad, and other corporations with- 
in or without the State except as otherwise provided by 
law; all annuities payable to the person to be taxed, 
when the capital of such annuity is not taxed in this 
State ; and all other property, included in the last preced- 
ing State valuation for the purposes of taxation. lb. § 5. 

6. The following property and polls shall be exempted 
from taxation : 

First. The property of the United States and of this State. 

Second. All property which by the articles of separation is 
exempted from taxation; the real and personal property of all 
literary institutions, and the real and personal property of all 
benevolent, charitable, and scientific institutions incorporated 
by this State. 

Third. The household furniture of each person not exceed- 
ing two hundred dollars to any one family, his wearing apparel, 



72 MAINE TOWNSMAN. 



farming utensils, mechanics' tools necessary for carrying on 
his business, and musical instruments not exceeding in value 
fifteen dollars to any one family. 

Fourth. All houses of religious worship, and the pews and 
furniture within the same, except for parochial purposes; and 
all tombs and rights of burial, and property held by a religious 
society as a parsonage, not exceeding six thousand dollars in 
value, and from which no rent is received. But all other prop- 
erty of any religious society", both real and personal, is liable 
to taxation the same as others' property. 

FltVi. All mules, horses, neat cattle, swine, and sheep, less 
than six months old, and hay, grain and potatoes, orchard pro- 
ducts and wool, owned by, and in possession of the producer. 

Sixth. The polls and estates of all Indians ; and the polls of 
persons under guardianship. 

Seventh. The polls and estates of all persons who, by reason 
of a^e, infirrfiity, and poverty, are in the judgment of the 
assessors unable to contribute toward the public charges. 

EUihth. The polls and estates of inhabitants of islands, on 
which there are no highways, may be exempted from the high- 
way tax at the discretion of the town to which they belong. 

Ninth. The aqueducts, pipes, and conduits of any corpora- 
tion supplying a town with water, are exempt from taxation, 
when such town takes water therefrom for the extinguishment 
of files, without charge. But this exemption does not include 
therein, the capital stock of such corporation, any reservoir or 
grounds occupied for the same, or any property, real or personal, 
owned by such company or corporation, other than as herein- 
above enumerated. 

Tenth. Whenever a landholder, having, prior to March thirty, 
eighteen hundred and eighty-two, planted or set apart for the 
growth and production of forest trees any cleared land or lands 
Irom which the primitive forest had been removed, successfully 
cultivates the same for three years, the trees being not less in 
numbers than two thousand on each acre and well distributed 
over the same, then, on application of the owner or occupant 
thereof to the assessors of the town in which such land is 
situated, the same shall be exempt from taxati(m for twenty 
years iifter said application, provided, that said applicant at the 
same time files with said assessors a correct plan of such land 
with a description of its location, and a statement of all the 
tacts in relation to the growth and cultivation of said incipient 
forest; provided further, that such grove or plantation of trees 
is during that period kept alive and in a thriving condition. 

Eleoenth. Mines of gold, silver, or of the baser metals, when 
opened and in process of development, are exempt from taxa- 
tion for ten years from the time of such opening. But this 
exemption does not affect the taxation of the lands or the 
sujface improvements of the same, at the same rate of valua- 
tion as similar lands and buildings in the vicinity. 

7. All dogs more than six months old, shall be taxed 
one dollar in the town where they are kept, on the first 
day of April each year, to the owner or person who has 
them in possession at that time, if towns so vote. lb. § 7. 



PEESOXS AND PROPERTY TAXED. 73 

8. All property in this State, liable to taxation, in- 
cluded in the foregoing class, shall be stated specifically. 

9. A town or city tax cannot lawfully be assessed to 
the mortgagee of land, who is not in possession, and has 
never entered to foreclose. If so assessed, a sale made 
by the collector for payment of the tax gives no title. 
34 Maine, 89. 

10. The capital stock of a bank can only be assessed 
once, and that upon the stockholders to the value of their 
shares. Bat property composing no part of its capital, 
so held by a bank that no other person or corporation 
could be legally taxed for it as owner, is liable to be as- 
sessed by such bank. Thus shares of a railroad corpora- 
tion, which it may hold by an absolute title^ may rightfully 
be assessed to the bank ; and parol evidence that the 
absolute title was intended to be a conditional one, is 
inadmissible. 36 Maine, 255. 

CHAPTER XXIV. 

WHERE AND TO WHOM PERSONS AND PROPERTY SHALL 
BE TAXED. 



1. Poll-tax, where assessed. 

2. Real estate, where taxed. 

3. Standing timber, etc. 

4. Same subject, lien. 

5. Landlord and tenant. 

6. Personal estate, where taxable. 

7. Excepted cases. 

8. Property of religious societies. 

9. Betterments ou lands of literary- 

institutions. 

10. Stock of toll-bridges. 

11. Stock of water or gas companies. 

12. Duties of assessors. 

13. Clerks of corporations. 

14. Blood animals. 



15. Stock of companies invested, how 

taxed. 

16. Personal mortgaged, how taxed. 

17. Real estate of deceased, how taxed. 

18. Personal of partners, how taxed. 

19. Lands assessed to owners or ten- 

20. Same subject. [ants. 

21. Manufacturing corporations. 

22. Real estate of banks. 

23. Bank-stock owned out of State. 

24. Cashiers to exhibit books. 

25. Bank shares. 

26. Collectors to give notice. 

27. Actions by town treasui-ers. 

28. Leg;al decisions. 



1. The poll-tax shall be assessed on each taxable per- 
son in the place where he is an inhabitant on the first day 
of April in each year. No person shall be considered an 
inhabitant of a place on account of residing there as a 
student in a literary seminary. R. S. c. 6, § 8. 

2. All taxes on real estate shall be assessed in the town 
where the estate lies, to the person who is the owner or 
in possession thereof on the first day of April in each 
year. In cases of mortgaged real estate, the mortgager, 
for the purpose of taxation, shall be deemed the owner, 
until the mortgagee takes possession, after which, the 
mortgagee shall be deemed the owner. lb. § 9. 

8. Whenever the owner of real estate notifies the as- 
sessors that any part of the wood and timber standing 



74 MAINE TOWNSMAN. 

thereon, has been sold by contract in writing, and exhib- 
its to them proper evidence thereof, they shall assess such 
wood and timber to the purchaser thereof. lb. § 10. 

4. A lien is created on such wood and timber, for the 
payment of such taxes ; and may be enforced by the col- 
lector by a sale thereof when cut. lb. § 11. 

6. When a tenant paying rent for real estate is taxed 
therefor, he may retain out of his rent half of the taxes 
paid by bim ; and when a landlord is assessed for such 
real estate, he may recover half of the taxes paid by him 
and his rent in the same action against the tenant, unless 
there is an agreement to the contrary. lb. § 12. 

6. All personal property within or without this State, 
except in the cases enumerated in the following section, 
shall be assessed to the owner in the town where he is an 
inhabitant on the first day of April in each year. lb. § 13. 

7. The excepted cases referred to in the preceding sec- 
tion are the following : lb. § 14. 

First. All personal property employed in trade, in 
the erection of buildings or vessels, or in the mechanic 
arts, shall be taxed in the town where so employed on 
the first day of each April ; provided^ that the owner, his 
servant, snb-contractor or agent, so employing it, occupies 
any store, shop, mill, wharf, landing-place or ship yard 
therein for the purpose of such employment. Personal 
property which, on the first day of April is within the 
State, and owned by persons residing out of the State, 
or by persons unknown ; except vessels built, in process 
of construction, or undergoing repairs, and hides and the 
leather, the product thereof, when it appears that the 
hides were sent into the State to be tanned, and to be 
carried out of the State when tanned ; shall be taxed to 
the person having the same in possession, or to the per- 
son owning or occupying any store, shop, mill, wharf, 
landing, ship yard or other place therein where said 
property is on said day. 

jSeco7id. All machinery employed in any branch of 
manufacture, and all goods manufactured or unmanufact- 
ured, and all real estate belonging to any corporation, 
shall be assessed to such corporation in the town or other 
place where they are situated or employed; and in assess- 
ing the stockholders for their shares in any such corpora- 
tion, their proportional part of the value of such machinery, 
goods, and real estate shall be deducted from the value 
of such shares. 

Third. All mules, horses, neat cattle, sheep, and swine 



PERSONS AND PROPERTY TAXED. 75 

shall be taxed in the town where they are kept on the 
first day of AjDril, in each year, to the owner or person, 
who has them in possession at that time. All such 
animals, which are in any other town, than that in which 
the owner or possessor resides, for the purpose of pastur- 
ing or any other temporary purpose on said first day of 
April, shall be taxed to such owner or possessor in the 
town where he resides, and all such animals, which are 
out of the State, or in any unincorporated place in the 
State on said first day of April, for any purpose, and 
being owned by, or in charge and possession of any per- 
son residing in any town in this State, shall be taxed to 
such owner or possessor in the town where he resides. 
If a town line so divides a farm that the dwelling-house 
thereon is in one tOAvn, and the barn or out-buildings, or 
any part of them, is in another, such animals, kept for the 
use of said farm, shall be taxed in the town where the 
house is. 

Fourth. All personal property belonging to minors 
under guardianship shall be assessed to the guardian in 
the pla3e where he is an inhabitant. The personal prop- 
erty of all other persons, under guardianship, shall be 
assessed to the guardian in the town where the ward is 
an inhabitant. 

Fifth. All personal property held in trust by an exec- 
utor, administrator, or trustee, the income of which is to 
be paid to any married woman or other person, shall be 
assessed to the husband of such married woman, or to 
such other person, in the place of which he is an inhabit- 
ant. But if sach married woman, husband, or other 
person resides out of the State, it shall be assessed to such 
executor, administrator, or trustee, in the place where he 
resides. 

Sixth. Personal property placed in the hands of any 
corporation as an accumulating fund for the future benefit 
of heirs or other persons, shall be assessed to the person 
for whose benefit it is accumulating, if within the State; 
otherwise, to the person so placing it, or his executors, or 
administrators, until a trustee is appointed to take charge 
of it or its income, and then to such trustee. 

Seventh. The personal property of deceased persons 
in the hands of their executors or administrators not dis- 
tributed, shall be assessed to the executors or administra- 
tors in the town where the deceased last dwelt, until they 



76 MAINE TOWNSMAN. 

give notice to the assessors, that said property has beeR 
distributed and paid over to the persons entitled to re- 
ceive it. If the deceased at the time of his death did not 
reside in the State, such property shall be assessed in the 
town in which such executors or administrators live. 

Eighth, Personal jDroperty held by rehgious societies 
shall be assessed to the treasurer thereof in the town 
where such societies usually hold their meetings. 

9. Betterments and improvements made upon such 
lands of literary institutions as are exempted from taxa- 
tion, not including sites and buildings occupied by such 
institutions and their officers, shall be deemed personal 
property, and taxed to the tenant or owner thereof in the 
town where they are. 

10. The stock of all toll-bridges shall be taxed as per- 
sonal property to the owners thereof in the towns where 
they reside, except stock owned by persons residing out 
of the State, which shall be taxed in the town where the 
bridge is located, and wliere such bridge is in two towns, 
one half of such stock so owned by persons residing out 
of the State shall be assessed and taxed in each town, 
lb. § 15. 

11. The stock in any local corporation, chartered for 
the purpose of supplying cities or towns with water or 
gas, held by any person out of the State or unknown, 
shall be subject to taxation in the city or town where 
such corporation is located or transacts its ordinary busi- 
ness, as provided for the taxation of bank-stock. lb. § 17. 

12. The powers of assessors, collectors, and treasurers, 
and the liens on the stocks, shall be the same as provided 
in sections thirty, thirty-one, thirty-three, and thirty-four 
of chapter six of the Ilevised Statutes, and the duties 
therein imposed on cashiers shall be performed by the 
treasurers of such corporations. lb. § 17. 

13. When the clerk of a corporation holding property 
liable to be taxed, fails to comply with the requirements 
of the thirtieth section of the. forty-sixth chapter of the 
Revised Statutes, whether the corporation was chartered 
before or since the separation of Maine from Massachu- 
setts, such property, for the purposes of taxation, shall be 
deemed corporate property, liable to be taxed to the 
corporation, although its stock has been divided into 
shares and distributed among any number of stockholders. 



PERSOliTS AND PEOPERTT TAXED. 

Such property, both real and personal, is made taxable 
for State, county, city, town, school district, and parochial 
taxes, to be assessed and collected in the same manner 
and with the same effect as upon similar unexempted 
property owned by individuals. If the corporation is one 
which has the right to receive tolls, such right or franchise 
may be taken and sold on warrant of distress for pay- 
ment of such taxes, the same as such property is taken 
and sold on execution. lb. §§ 18, 19. 

14. Blood animals, brought into the State and kept for 
the purpose of improvement of the breed, shall not be 
taxed at a higher rate than stock of the same quality «,nd 
kind bred in the State. lb. § 20. 

15. When an insurance or other incorporated company 
is required by law to invest its capital stock, or any part 
thereof, in the stock of a bank or banks, or other corpora- 
tion in this State, for the security of the public, such 
investments shall not be liable to taxation except to the 
stockholders of the company so investing as making a 
part of the value of their shares in the capital stock of 
said company; and when the capital stock of any insur- 
ance company, incorporated in this State, is taxed at its 
full value, the securities and pledges held by said company 
to the amount of said stock shall be exempt from taxa- 
tion ; but if the pledge or security consists of real estate 
in a town other than that where the stockholder resides, 
it shall be taxed where it lies, and the stock shall be 
exempt to the amount for which it is assessed. lb. §§ 21, 22. 

16. When personal property is mortgaged or pledged, 
it shall, for the purposes of taxation, be deemed the jorop- 
erty of the party who has it in possession. Money or 
personal property loaned or passed into the hands or 
possession of another by any person residing in this State, 
secured by an absolute deed of real estate, shall be taxed 
to the grantee, the same as in case of a mortgage, although 
the land is taxed to the grantor or other person in pos- 
session, lb. § 23. 



78 MAINE TOWNSMAN 

17. The undivided real estate of any deceased person 
may be assessed to his heirs or devisees without designat- 
ing any of them by name, until they give notice to the 
assessors of the division of the estate, and the names of 
the several heirs or devisees ; and until such notice is 
given, each heir or devisee shall be liable for the whole 
of such tax, and have a right to recover of the other heirs 
or devisees their portions thereof when paid by him; and 
in an action for that purpose, the undivided shares of 
such heirs or devisees in the estate upon which such tax 
has been paid, may be attached on mesne process, or taken 
on> execution issued on judgment recovered in an action 
therefor. Or such real estate may be assessed to the exec- 
utor or administrator of the deceased, and such assessment 
shall be collected of them the same as taxes assessed 
against them in their private capacity, and shall be a 
charge against the estate, and allowed by the judge of 
probate ; but when such executor or administrator notifies 
the assessors that he has no funds of the estate to pay 
such taxes, and gives them the names of the heirs, and 
the proportions of their interest in the estate to the best 
of his knowledge, the estate shall no longer be assessed 
to him. lb. § 24. 

18. Partners in mercantile or other business, whether 
residing in the same or different towns, may be jointly 
taxed, under their partnership name, in the town where 
their business is carried on, for all the personal property 
enumerated in the first paragraph of section fourteen, 
employed in such business ; and if they have places of 
business in two or more towns, they shall be taxed in each 
town for the portion of property employed therein, except 
that if any portion of such property is placed, deposited 
or situated in a town other than where their place of busi- 
ness is, under the circumstances specified in said paragraph, 
they shall be taxed therefor in such other town ; and in 
such cases they shall be jointly and severally liable for 
such tax. lb. § 25. 

19. All real estate, and such as is usually called real, 
but is made personal by statute, may be taxed to the 
tenant in possession, or to the owner, whether living in 
the State or not, in the town where it is ; and when a 
State, county, or town tax is assessed on lands owned or 



PERSONS AND PROPERTY TAXED. 79 

claimed to be owned in common, or in severalty, any 
person may furnish the collector, or treasurer, to whom 
the tax is to be paid, an accurate description of his part 
of the land, in severalty, or his interest, in common, and 
pay his proportion of such tax ; and thereupon his land 
or his interest shall be free of all lien created by such tax. 
lb. § 26. . 

20. When assessors continue to assess real estate to 
the person to whom it was last assessed, such assessment 
shall be valid, though the ownership or occupancy has 
changed, unless previous notice is given of such change, 
and of the name of the person to whom it has been trans- 
ferred or surrendered; and a tenant in common, or joint 
tenant, may be considered sole owner for the purpose of 
taxation, unless he notifies the assessors what his interest 
is. lb. § 27. 

21. The buildings, lands, and other property of manu- 
facturing corporations, made personal property by their 
charters, and not exempt from taxation, and all stock used 
in fictories, shall be taxed to the corporations, or to the 
persons having possession of their property or stock, in 
the town or place where the corporations are established, 
or the stock is manufactured ; and there shall be a lien for 
one year on such property and stock for the payment of 
such tax, and it may be sold for the j^ayment thereof as 
in other cases ; and the shares of the capital stock of such 
corporations shall not be taxed to their owners. lb. § 28. 

22. All real property in this State owned by any bank 
incorporated by the laws of this State, or by any national 
bank or banking association, shall be taxed in the place 
where the property is situated, to said bank or banking 
association, for State, county, and municipal taxes, accord- 
ing to its value, as other real estate is taxed ; but the 
stock of such banks shall be taxed to the owners thereof 
where they reside, if known to be residents of this State ; 
but the taxation of shares in such banks shall not be at a 
greater rate than is assessed upon other moneyed capital 
in the hands of individual citizens of the State. lb. § 29. 

23. The stock of any bank held by persons out of the 
State, or unknown, and that has not been certified accord- 
ing to the provisions of chapter forty-six, section thirty, 
of the Revised Statutes, in any city or town in tliis 
State, and is not there assessed ; and the stock of any 
bank appearing by the books thereof to be held by per- 



80 . MAINE TOWNSMAN. 

sons residing out of the State, or whose residence is 
unknown to the assessors, shall be assessed in the town 
where such bank is located, or transacts its ordinary busi- 
ness ; and such city or town shall have a lien from and 
after the date of such assessment on such stock and all 
dividends thereon, until such tax and any cost or expenses 
arising in the collection thereof are paid. No assign- 
ment, sale, transfer, or attachment, shall pass any property 
in such stock unless the vendee first pays such tax and 
cost; and the cashiers of banks are required to return to 
the assessors of the town where such bank is located or 
transacts its business, all the stock in such bank not re- 
turned to the assessors of other towns, according to the 
provisions of said section thirty, chapter forty-six ; and 
such retm'ns shall be made at the time and in the manner 
prescribed in said section, and shall be made the basis 
of taxation of such property. lb. § 30. 

24. The cashier, or other officer of each bank, is hereby 
required to exhibit on demand, to the assessors ot any 
town all the books of such bank that contain any record 
of the stock of such bank or any dividend, declared or 
paid thereon, and, if requested, shall deliver to them a 
true and certified copy of so much of said record as they 
may require. Should any cashier neglect or refuse to 
perform the duties required by this and the preceding 
section, the assessors may doom such bank in such sum 
as they deem reasonable, and the assessment shall bind 
the bank, and the tax thereon shall not be abated, and 
such cashier shall be liable for such neglect or refusal, to 
the 23enalty prescribed in section thirty-two, chapter forty- 
six, lb. §31. 

25. When returns of stock in the banks and national 
banking associations and other corporations are made 
according to the provisions of section thirty of chapter 
forty-six, or the preceding section, if it be found by the 
assessors of any town receiving such returns that the 
holders of such stock do not reside in such town, they 
shall within fifteen days return the names of such stock- 
holders, with the amount of stock held by them, to the 
assessors of the town where such stockholders reside, if 
their residence is known, and within the State; and if 
not, such return shall be made to the assessors of the 
town where the bank is located, and shall be subject to 
the provisions of section thirty, as above. lb. § 82. 



PERSONS AND PROPERTY TAXED. 81 

26. The collector of any town, to whom has been com- 
mitted a tax upon the stock of any bank, shall, within 
thirty days after the bills of assessment are delivered to 
him, cause a notice in writing to be delivered to the 
cashier or president of such bank, stating the description 
of stock taxed, to whom assessed, if stated in the bills, 
and the tax thereon. N'o dividend shall be paid on such 
stock after such notice until the tax and any cost thereon 
are paid. The cashier may pay such tax, and payment 
shall constitute a lawful charge in offset against any 
dividend thereon. Should such tax remain unpaid ninety 
days after such notice, the collector may sell such stock. 
For the purpose of collecting taxes on bank-stock, col- 
lectors may act in any city, town, or plantation in this 
State. lb. § 33. 

27. The treasurer of any town, and any successor in 
office may maintain an action on the case against any 
bank, and recover therein the tax assessed if unpaid, and 
the lawful charges upon any share thereof, if there has 
been paid after such tax was assessed any dividend 
thereon; but judgment shall not be rendered in such 
action for a larger sum in damages than the dividend 
thus paid, and all such taxes and charges may be 
recovered in one suit, if said treasurer so elects. lb. § 34. 

If a person, having his home in a town, leaves for 
health or business for an uncertain time, intending to 
return, he is liable to be taxed in such town ; but not if 
he left town without intention to return. 1 Metcalf, 246. 

N'o person can be holden to ]3ay for his poll, or for 
the same estate, any State or town tax, but in one town 
during any one year. 4 Mass. 534. 

If any person have a store in any town other 
than that in which he dwells, where he sells goods, or in 
which are deposited goods which are sold by him, it is 
such a use and improvement of the goods in the town 
where they are kept as will render the owner liable to 
taxation for them there, and not in the town where he 
dwells. 12 Mass. 161 ; 7 Mass. 236. 

A person's home or domicile is his habitation fixed 
in any place without any present intention of removing 
therefrom. The term i)%hdbitant means something more. 
It means one who, being a citizen, dwells, or has his 
home in some particular town where he has his munici- 
pal rights and duties. A person, having a family, will 
6 



82 MAINE TOWNSMAN. 

not be considered as having changed his domicile by 
removing into another town, until he removes his family. 
The election to pay taxes in one town rather than 
another does not of itself determine habitancy. Where 
a person lives occasionally in two different towns, remov- 
ing with his family, at certain seasons of the year, 
alternately from one town to another, it has been held in 
Massachusetts that his domicile is in that town where he 
exercises municipal rights. 

The hiring of logs to be sawed, does not constitute 
the owner of them, if non-resident, to be such an " occu- 
pant " of the saw-mill as to subject the logs to taxation in 
the town where the mill is situated. [N'either does the 
payment by him of wharfage for manufxctured lumber 
constitute him to be such an "occupant" of the wharf 
as to subject the lumber to taxation in the town wherein 
the wharf is situated. 33 Maine, 419. 

If a person, liable to taxation in a town for real 
and personal estate, has also been assessed for, and has 
paid a tax upon, additional property, for which he was 
not liable to be assessed, his redress is not against the 
town, although he paid under protest. His remedy is 
exclusively by application to the county commissioners, 
upon a refusal by the assessors to make a proper abate- 
ment. 33 Maine, 445. 

The term "inhabitants," as used in the Revised 
Statutes, embraces corporations as well as individuals. 
The property of a corporation, when not otherwise sub- 
jected to assessments to stockholders, is taxable to said 
corporation. To incur such liability, it is not necessary 
that the corporation should be the owner of the property, 
or should have a beneficial interest therein ; it is enough 
that they have the legal ownership. 37 Maine, 369. 



VALUATION AND INVOICE. 83 



CHAPTER XXV, 



VALUATION AND INVOICE. 



1. State valuation OBce in ten years. 

2. Notice of lists of taxable property. 

3. Form of notice. 

4. If lists not returned, what ? 

5. Oath to lists. 

6. Form of oath. 

7. Record of assessment and invoice. 



8. Tax lists to be certified. 

9. Oath of assessors. 

10. Just value of property. 

11. Appeal from overvaluation. 

12. Assessors may abate. 

13. If they refuse, appeal allowed. 



1. A State valuation shall be taken at least once in 
ten years. Const, art. 9, § 7. 

2. Before making any assessment, the assessors shall 
give seasonable notice in writing to the inhabitants, by 
posting up notifications in some public place in the town, 
or notify them in such other way as the town at its annual 
meeting directs, to make and bring in to them true and 
perfect lists of their polls, and all their estates, real and 
personal, not by law exempt from taxation, which they 
w^ere possessed of on the first day of April of the same 
year. R. S. c. 6, § 92. 

3. Form of notice, as above provided : 

To the inhabitants of the town of , and persons liable 

to be assessed therein: 

You are hereby notified, that the subscribers will be in session 

at , in said town, on , the day of next, at 

o'clock in the noon, for the purpose of receiving true and 

perfect lists of the polls, and all the estates, real and personal, 
not by law exempted from taxation, which you are possessed 

of in said town of , on the first day of April last past; which 

lists you are required to make and bring in. 

A. B., C. D., E. F., Assessors of . 

4. If any person after such notice does not bring in 
such list, the assessors shall ascertain otherwise as nearly 
as may be, the nature, amount and value of the estate, 
real and personal, for which in their judgment he is liable 
to be taxed, and he is thereby barred of his right to make 
application to the assessors or the county commissioners 
for any abatement of his taxes, unless he offers such list 
with his application and satisfies them that he was unable 
to offer it at the time appointed. lb. § 93. 

5. The assessors, or either of them, may require the 
person presenting such list to make oath to its truth, 
which either of them may administer ; and if such list is 
produced and sworn to, and such person answers all 
proper inquires in writing, as to the nature and situation 
of his property and, if required, subscribes and makes 
oath thereto, such list shall be taken as true, but not a 



84 MAINE TOWNSMAN. 

conclusive rule and limitation upon the assessors in mak- 
ing the assessment. lb. § 94. 

6. The oath, as in section 5, may be : 

Tou solemnly swear, that the lists you have now given in to 

the assessors of , contain a true account of the polls, and 

all the estate, real and personal, for which you are liable to be 
taxed in this town, either in your own right or otherwise. So 
help you, God. 

7. The assessors shall make a record of their assess- 
ment and of the invoice and valuation from which it was 
made ; and before the taxes are committed to the proper 
officer for collection, they shall deposit it, or a copy of it, 
in the assessors' office, if any, otherwise with the town 
clerk, there to remain ; and any place where the assessors 
usually meet to transact business and keep their papers 
or books, shall be considered their office for this purpose, 
lb. § 100. 

8. The invoice and valuation tax lists, when recorded, 
should be certified and signed by the assessors. 

9. The oath to the assessors, before they take a general 
valuation, may be : 

You , assessors of the town of , do severally and 

solemnly swear that you will perform all the duties required of 
you, without favor or prejudice, and that you will, according to 
your best skill and judgment, appraise all real and personal 
estate, according to the just value of it. So help you, God 

10. The constitution requires that all taxes shall be ap- 
portioned and assessed, according to the just value thereof. 

11. If the assessors, through an error in judgment, 
make an overvaluation of the property of the inhabitant, 
and thereby assess him too much, his remedy is by appeal 
to the county commissioners, and not by an action at law. 
30 Maine, 404. So if assessed on property for which he 
is not liable. 33 xMaine, 445. 

12. The assessors for the time being, on written appli- 
cation, stating the grounds therefor, within two years 
from the assessment, may make such reasonable abate- 
ment as they think proper. They shall keep in a suitable 
book form, a record of such abatements, with the reasons 
for each, and report the same to the town at its annual 
meeting, and to the mayor and aldermen of cities, by the 
first Monday in each March. lb. 6. § 95. 

13. If they refuse to make the abatement asked for, 
the applicant may apply to the county commissioners at 
their next meeting, and if they think that he is overrated 



S ON LANDS IN UNINCOEPOEATED PLACES. 



85 



he shall be relieved by them, and be re-imbursed out of 
the town treasury the amount of their abatement, with 
incidental charges. The commissioners may require the 
assessors or town clerk to produce the valuation, by 
which the assessment was made, or a copy of it. If the 
applicant fails, the commissioners shall allow the costs to 
the town, taxed as in a suit in the supreme judicial cour 
and issue their warrant of distress for collection ther^ 
against him. lb. § 96. 



CHAPTER XXVI. 

TAXES ON LAND IN UNINCOEPORATED PLACES. 



1. Lands in places not incorporated. 

2. Subject to county taxes. 

3. State treasurer to publish lists. 

4. Lands forfeited, when. 

5. Forfeited lands sold, when. 

6. Surplus of sale. 

7. Owner may pay or redeem, when. 

8. Owner may pay or redeem, to whom. 



9. County road tax. 

10. Owners may discharge assessments 

by building roads. 

11. Duty of county commissioners. 

12. Failure to discharge assessments. 

13. Owners entitled to overplus of sale. 

14. Title of purchasers. 

15. Part-owner may redeem share. 



1. Lands not exempted, and not liable to be assessed 
in any town, may be taxed by the legislature for a just 
proportion of all State and county taxes. R. S. c. 6, § 69. 

2. Such lands may be assessed by the county commis- 
sioners according to the last State valuation for a due 
proportion of county taxes. Lists of such taxes, includ- 
ing those made on account of highways, shall be imme- 
diately certified and transmitted by the county treasurer 
to the treasurer of State. In the list, each such town- 
ship and tract shall be sufficiently described, with the 
date, and amount of assessment on each. The treas- 
urer of State shall, in his books, give credit to the coun- 
ty treasurer for the amount of each such assessment ; 
and when paid to him, shall certify to the county treas- 
urer the amount of tax and interest so paid, annually, on 
the first Monday of January. lb. § 70. 

3. Within three months after the assessment of any 
such State tax by the legislature, the treasurer of State 
shall cause the list of such assessments, with the list of 
any county tax so certified to him, to be advertised three 
weeks successively in the State paper, and in some news- 
paper, if any, printed in the county in which the lands 
lie. The said lands shall be held to the State for the 
payment of such State and county taxes with interest 
thereon at the rate of twenty per ^ cent, to commence at 
the expiration of one year from the date of the assess- 
ment, lb. § 71. 



OO MAINE TOWNSMAN". 

4. The owners of the lands so assessed and advertised, 
may redeem them, by paying to the treasurer of State 
the taxes with interest thereon, within one year from the 
time said interest commences. Each owner may pay for 
his interest in any tract, whether common or not, and 
shall be entitled to a certificate from the treasurer of 
State, discharging the tax upon the number of acres, or 
interest, upon which such payment is made. lb. § 72. 

5. All lands thus forfeited shall, annually, in the month 
of September, be sold by the treasurer of State at public 
auction to tlie highest bidder; but never at a price less 
than the full amount due thereon for such unpaid State 
and county taxes, interest, and cost of advertising. 
Notice of the sale shall be given by publishing a list of 
the lands to be sold, with the amount of such unpaid 
taxes, interest, and costs on each parcel, and the time and 
place of sale, in the State paper, and in some newspaper, 
if any, printed in ths county in which the lands lie, three 
weeks successively, within three months before the time 
of sale. lb. § 73. 

6. If any such tract is sold for more than the amount 
due, the surplus shall be held by the State to be paid to 
the owner, whose right has been so forfeited, upon due 
proof of ownership produced to the governor and council, 
lb. §74. 

7. Any owner may redeem his interest in such lands, 
by paying to the treasurer of State his part of the sums 
due at any time before the sale; or after the sale, by pay- 
ing or tendering to the purchaser, within a year, his 
proportion of what the purchaser paid therefor at the 
sale, with interest at the rate of twenty per cent per 
annum from the time of sale, and one dollar for a release ; 
and the j^urchaser, on reasonable demand, shall execute 
such release; and if he refuses or neglects, a bill in 
equity may be maintained against him and compel him 
to do so, with costs and any damages occasioned by such 
refusal or neglect. Or such owner may redeem his 
interest by paying as aforesaid to the treasurer of State, 
who, on payment of fifty cents, shall give a certificate 
thereof; which certificate, recorded in the registiy of 
deeds in the county where the lands lie, shall be a valid 
release of such interest, and the title thereto shall revert 
and be held as if no such sale had been made. The 
goveruoi and council may draw theu" warrant on the 



\ 



TAXES ON LANDS IN UNINCORPORATED PLACES. 87 

treasurer for any money so paid to him, in favor of the 
pm'chaser for whom it was paid, or his legal representa- 
tives, lb. § 75. 

8. Any owner of lands so assessed by the county com- 
missioners for county taxes, may redeem them by paying 
to the county treasurer the amount due thereon for such 
taxes, interest, and charges, and depositing with the 
treasurer of State the county treasurer's certificate of 
such payment, at any time before the sale. lb. § 77. 

9. When a road is laid over lands under the provisions 
of section forty-one, chapter eighteen, the county com- 
missioners shall at their first regular session thereafter, as- 
sess thereon such an amount as they judge necessary for 
making, opening, and paying expenses attending it ; and 
such assessment shall create a lien thereon for the payment 
thereof; and they may make as many divisions as are 
equitable, conforming as nearly as is convenient to known 
divisions and separate ownerships, and assess upon each 
a sum proportionate to the value thereof, and the benefits 
likely to result to the same by the establishment of the 
road; when such assessment will be unreasonably bur- 
densome to such owners, they shall assess an equitable 
sum on the county, and the balance only on such lands. 
Any person aggrieved by any assessment, may appeal to 
the supreme judicial court, at the term thereof held first 
after such assessment ; and the presiding judge at that 
term shall, on hearing the case, determine what part of 
said assessment shall be paid by the owners of the tract 
or township, and what part, if any, by the county, and 
there shall be no appeal from such decision. They shall, 
at the same time, fix the time for making and opening 
such road, not exceeding two years, and appoint an agent 
or agents, not members of their board, to superintend the 
same, who shall give bond to the treasurer of the county, 
with sureties to be approved by them, to expend the 
money faithfully, and to render account thereof on 
demand ; and they shall publish a list of the townships 
and tracts of land so assessed, with the sum assessed on 
each, and the time in which the road is to be made and 
opened, in the State paper, and in some paper, if any, 
printed in the county where the lands lie, three weeks 
successively, the last publication to be within three 
months of the date of the assessment. lb. § 78. 

10. If the owners shall make and open such road to the 



88 * MAINE TOWNSMAN. 

acceptance of the commissioners, after an actual examin- 
ation by one or more of their board, within said time, the 
assessment shall thereby be discharged ; otherwise it shall 
be enforced as hereinafter provided, and the agents shall 
proceed immediately to make and open it. lb. § 79. 

11. Said county commissioners, in September annually, 
by one or more of their board, shall make a careful inspec- 
tion of all county roads and other roads in the unincorpo- 
rated townships, and tracts of land in their counties, and 
thereupon make an estimate of the amount needed to put 
them in repair, so as to be safe and convenient for public 
travel, assess such amount thereon, and cause so much 
thereof as they deem necessary for the purpose aforesaid, to 
be expended on said roads within one year thereafter, and 
such assessment shall create a lien thereon for the pay- 
ment thereof. They shall make' such assessment by the 
first day of January in. each year, and at the same time 
appoint an agent or agents, not members of their board, 
to superintend the expenditure thereof, who shall give 
bonds as provided in section seventy-eight ; and they 
shall publish a list of the townships and tracts of land so 
assessed, with the sums so assessed on each, and the roads 
on which it is to be expended, in tlie State paper, and in 
some paper, if any, printed in the county where the lands 
lie, three Aveeks successively, the last publication to be 
within three months from the date of the assessment. 
lb. § 80. 

12. If any owner fails to pay the sum so assessed'on 
his land within two months from the time fixed for mak- 
ing and opening a new road, or within two months after 
the fil'teenth of June, for repairing roads, as provided in 
the two preceding sections, the county treasurer shall pro- 
ceed to sell the lands so assessed by advertising the lists of 
unpaid taxes, with the date of assessment, and the time 
and place of sale, in the State paper, and in some paper, 
if any, printed in the county where the lands lie, three 
weeks successively, the last publication to be at least 
thirty days before the time of sale. No bid shall be 
received at such sale for less than the amount due for the 
tax, costs, and interest at twenty per cent per annum 
from the time prescribed for the payment of said tax ; 
and the treasurer shall sell so much of such land as is 
necessary to pay the unpaid tax, cost, and interest as 
aforesaid, and give a deed thereof to the purchaser, if 



TAXES ON LANDS IN UNINCORPORATED PLACES. 89 

any ; and if no one becomes a purchaser at such sale, 
it shall be forfeited to the county ; and such owner or 
part-owner or tenant in common may redeem his interest 
therein at any time within two years from the sale or 
forfeiture, by paying to the purchaser or the county the 
sum for which it was sold or forfeited, with interest at 
twenty per cent per annum, and any sums subsequently 
paid for State and county taxes thereon. lb. § 82. 

13. Any owner of lands, so sold, shall be entitled to 
his share in any overplus of the proceeds of such sale, on 
exhibiting to the treasurer satisfactory evidence of his 
title. lb. § 82. 

14. Purchasers of land sold by reason of non-payment 
of State and county taxes, and assessments for opening, 
making, and repairing roads, shall have no claim against 
the State or county for any defect in the title under such 
sale, notwithstanding any irregularities in the proceed- 
ings, or failure to comply with the provisions of law 
under which the sales were made. The deeds given 
pursuant to sales made for non-payment of State and 
county taxes shall vest in the grantee the title of the 
State, or of the county, to the lands sold, subject to the 
conditions of sale, and no more. lb. § 58. 

15. Any owner, part-owner, tenant in common, or 
other person having a legal interest in any tract so 
advertised, sold, or forfeited, may redeem his interest by 
paying, within the times prescribed, the amount so re- 
quired to discharge the claim upon his interest. The 
rate of interest upon unpaid State and county taxes, and 
taxes assessed by county commissioners for opening, mak- 
ing, and repairing roads, shall be twenty per cent, and 
shall commence at the exi^iration of one year from the 
date of the assessments, except when otherwise provided, 
lb. § 86. 



90 MAINE TOWNSMAN. 



CHAPTER XXVII. 

THE APPRAISAL OF TAXABLE PROPERTY AND TAX TABLE. 



1. Property appraised at its value. 

2. How laud is specified. 

3. Assessor.-s' office ministerial. 

4. Assessment erroneous. 



5. Invoice. 

6. Taxable value of shares. 

7. Tax table. 



1. The appraisers should appraise all taxable property 
at its true value in money. 

2. It is not necessary to specify the number of acres, 
but to state the value of the land. 

3. The office of assessor is rather ministerial than ju- 
dicial. He is to exercise his judgment in apportioning an 
assessment, and determining the ratable property and 
value of it. 10 Mass. 105. 

4. An assessment is erroneous, if property is omitted in 
the valuation which ought to be assessed, or any individ- 
ual charged with property, even by mistake, for which he 
is not liable. lb. 

6. The assessors should, in their invoice, include all 
the polls and estates liable to taxation, and, in making 
their assessment, should first ascertain the amount which 
the polls pay, and deduct it from the sum to be assessed, 
and then apportion the remainder according to each man's 
property. To effect the apportionment, they may find 
what per cent of the whole property to be taxed, and the 
sum to be raised is, then multiply each man's invoice by 
that per cent, and the product is his tax. 

6. The taxable value of shares in corporations may be 
ascertained by ascertaining their market value, and also 
the amount of the estate for which the corporation is 
taxed. Divide the amount of the corporation estate so 
taxed by the number of shares, which will give the pro- 
portion for which each share is taxed ; deduct this amount 
from the market value of the shares, and the balance will 
be the value of the shares upon which tax is to be as- 
sessed. ^^ ... ^ . 

7. A tax table exhibits at once the tax on all sums from 
one dollar up to any amount required. The table is made 
by multiplying the per cent which the tax amounts to by 
the several numbers 1, 2, 3, 4, and so on. The following 



ASSESSORS OF TOWN TAXES. 



91 



is a table of taxes to be made, when one and a half per 
cent is to be raised on the valuation of property : 



$1.00 . 

2.00. 

3.00. 

4.00. 

5.00. 

6.00. 

7.00. 

8.00 . , 

9.00 . . 
10.00 . 
20.00 . , 
30.00 . 
40.00 . , 
50.00 . , 



. pays 
.pays 
. pays 
. pays 
. pays 
. pays 

• pays 

• pays 
. pays 
. pays 

• pays 

. pays 

• pays 
. pays 



^0.01 
0.03 
0.04 
0.06 
0.07 
0.09 
0.10 
0.12 
0.13 
0.15 
0.30 
0.45 
0.60 
0.75 



$60.00 . . . pays 10.90 

70.00 . . . pays 1.05 

80.00 . . . pays 1.20 

90.00 . . . pays 1.35 

100.00 .. .pays .. .'. .1.50 

200.00 . . . pays 3.00 

300.00 . . . pays 4.50 

400.00 . . . pays 6.00 

500.00 . . . pays 7.50 

600.00 . . . pays 9.00 

700.00 . . . pays 10.50 

800.00 . . . pays 12.00 

900.00 . . . pays 13.50 

1000.00 . . . pays 15.00 



CHAPTER XXVIII 



ASSESSORS OF TOWN TAXES. 



State tax. 

County tax. 

Same subject. 

Assessments, when illegal. 

Duty of assessors. 

No appeal, when. 

Oath may be required. 

Abatements. 

Appeal to county commissioners. 

Assessments to be made, how. 

State and county taxes may be 

added. 
Overlay. 

Record of assessment. 
Certiticate. 

Selectmen to be assessors, when. 
Neglect to choose assessors, penalty. 
No assessors, who may appoint. 



Assessors to obey warrants. 

Neglect to assess county taxes, 
penalty. 

Assessors may be arrested, when. 

Neglect of towns to assess. 

Same subject. 

Same subject. 

Assessors refusing to be sworn, pen- 
alty. 

"Warrant for State tax. 

Certiiicate of assessment. 

Warrant for county and town 
taxes. 

Warrant lost, new warrant. 

Collectors of taxes. 

Excess of taxation. 

Warrant, validity of. 

Liability of assessors. 



1. When a State tax is imposed and required to be 
assessed by the proper officers of the towns in the State, 
the treasurer of State shall send such warrants as he is, 
from time to time, ordered to issue for the assessment of 
such tax, to the sheriffs of the different counties, who 
shall transmit them to the assessors of the towns in their 



92 MAINE TOWNSMAN. 

CQimties, according to the directions thereof. R. S. c. 6. 
§ 87. 

2. In order to assess a county tax, the county commis- 
sioners, at their regular session next before the first day 
of January in which the legislature meets, shall prepare 
estimates of the sums necessary to defray the expenses, 
which have accrued or may probably accrue, for one year 
from said day, including the building and repairing of 
jails, court-houses, and appurtenances, with the debts 
owed by their counties. lb. § 88. 

3. When a county tax is authorized the county com- 
missioners shall in March in the year for which such tax 
is granted, a2:)portion it upon the towns and other places 
according to the last State valuation, and issue their 
warrant to the assessors, requiring them forthwith to assess 
the sum apportioned to the town or place, and to commit 
their assessment to the constable or collector for collec- 
tion, lb. § 90. 

4. No assessment of a tax by a town or parish will be 
legal, unless the sum assessed is raised by vote of the 
qualified voters, at a meeting legally called and notified, 
lb. § 91. ^ 

5. Before making any assessment, the assessors shall 
give seasonable notice in writing to the inhabitants, by 
posting up notifications in some public place in the town, 
or notify them, in such other way as the toAvn at its 
annual meeting directs, to make and bring in to them 
true and perfect lists of their polls and all their estates 
real and personal, not by law exempt from taxation, 
which they were possessed of on the first day of April 
of the same year. lb. § 92. 

6. If any person after such notice does not bring in 
such lists, he shall be thereby barred of his right to make 
application to the county commissioners for any abate- 
ment of his taxes, unless he makes it appear to them that 
he was unable to offer such list at the time appointed, 
lb. § 93. 

7. The assessors, or either of them, may require the 
person presenting such list to make oath to its truth, 
which either of them may administer ; and if such list is 
produced and sworn to, and such person answers all 
proper inquiries in writing, as to the nature and situation 
of his property, and, if required, subscribes and makes 
oath thereto, such list shall be taken to be true, but not a 
conclusive rule and limitation upon the assessors in mak- 
ing the assessment. lb. § 94, 



ASSESSORS OF TOWN TAXES. 98 

8. The assessors for the time being, on application 
within two years from the assessment, may make such 
reasonable abatement as they think proper. lb. § 95. 

9. If they refuse to make the abatement asked for, the 
applicant may apply to the county commissioners at their 
next meeting, and if they think he is overrated, he shall 
be relieved by them, and be reimbursed out of the town 
treasury the amount of their abatement, with incidental 
charges. The commissioners may require the assessors 
or town clerk to produce the valuation, by which the 
assessment was made, or a copy of it. If the applicant 
fails, the commissioners shall allow the costs to the town, 
taxed as in a suit in the supreme judicial court, and issue 
their warrant of distress for the collection thereof against 
him. lb. § 96. 

10. The assessors shall assess upon the polls and es- 
tates in their town all town taxes and their due proportion 
of any State or county tax, according to the rules in the 
then last act for raising a State tax, and in chapter six of 
the Revised Statutes ; make perfect lists thereof under 
their hands ; and commit the same to the constable or 
collector of their town, if any, otherwise to the sheriff of 
the county or his deputy, with a warrant under their 
hands, in the form hereinafter prescribed. lb. § 97. 

11. They may add their proportion of the State and 
county tax to any of their other taxes, and make out one 
warrant and their certificates accordingly. lb. § 98. 

12. They may assess on the polls and estates such sum 
over and above the sum committed to them to assess, and 
not exceeding five per cent thereof, as a fractional divis- 
ion thereof renders convenient, and certify that fact to 
their town treasurer. lb. § 99. 

13. They shall make a record of their assessment and 
of the invoice and valuation from which it was made ; 
and before the taxes are committed to the proper officer 
for collection, they shall deposit it, or a copy of it, in the 
assessors' office, if any, otherwise with the town clerk, 
there to remain ; and any place, where the assessors usu- 
ally meet to' transact business and keep their papers or 
books, shall be considered their office for this purpose, 
lb. § 100. 

14. When they have assessed any county tax, and com- 
mitted it to the proper officer for collection, they shall 
return to the county treasurer a certificate thereof, with 



94 MAINE TOWNSMAN. 

the name of sucli officer. "When they have so assessed 
and committed a State tax, they shall return a like certifi- 
cate to the State treasurer ; and if this is not done, and 
any part of such tax remains unpaid for sixty days after 
the time fixed for its payment, the State treasurer shall 
issue his warrant to the sheriff or his deputy to collect 
the sum unpaid of the inhabitants of the town or place, 
lb. § 101. 

15. If any town does not choose assessors, or if so 
many of them refuse to accept, that there are not such a 
number as the town has required, the selectmen shall be 
the assessors, and each of them shall be sworn as an as- 
sessor; and each selectman and assessor shall be paid for 
his services one dollar and fifty cents for every day he is 
necessarily employed in the service of the town. lb § 102. 

16. If any town neglects to choose selectmen or assess- 
ors, it shall forfeit not exceeding three hundred, nor less 
than one hundred dollars, as the supreme judicial court 
orders, for the use of the State. lb. § 103. 

17. In such case, and when the selectmen and assessors 
chosen by a town do not accept the trust, the county com- 
missioners may appoint three or more suitable persons in 
the county, to be assessors of taxes, and such assessors, 
beiug duly sworn, shall assess upon the polls and estates 
in the town their due proportion of State and county 
taxes and said penalty, and not exceeding one dollar and 
fifty cents a day for each, for their own reasonable charges 
for time and expense in said service ; and shall issue a 
warrant under their hands for collecting the same, and 
transmit a certificate thereof to the treasurer of State, 
with the name of the person to whom it is committed ; 
and the assessors shall be paid their charges as allowed by 
the commissioners out of the State treasury. lb. § 104. 

18. All assessors, chosen or appointed as above pro- 
vided, shall duly observe all warrants received by them 
while in office, from the State treasurer, or the county 
commissioners of their county. lb. § 105. 

19. If the assessors of a town refuse or neglect to assess 
any State tax apportioned on it, and required by the 
State treasurers warrant to be assessed by them, they 
shall forfeit the full sum mentioned in such warrant, to 
the use of the State ; and such treasurer shall issue his 
warrant to the sheriff of the county to levy said sum by 
distress and sale of their real and personal estate. lb. §106. 



ASSESSORS OF TOWN TAXES. 95 

20. If such assessors neglect to assess county tax re- 
quired in the warrant of the county commissioners to be 
assessed by them, they shall forfeit that sum to the use of 
the county ; and it shall be levied by sale of their real 
and personal estate, by virtue of a warrant issued by the 
county treasurer to the sheriff of the county for that pur- 
pose, lb. § 107. 

21. If the sheriff cannot find property of said assessors 
to satisfy the sum due on either of said warrants, he may 
arrest and imprison them, until they pay the same ; and 
the county commissioners shall forthwith appoint other 
proper persons to be assessors of such State and county 
taxes, who shall be sworn, and perform the same duties, 
and be liable to the same penalties, as the former 
assessors. lb. § 108. 

22. If the inhabitants of a town of which a State tax 
is required, neglect for the space of five months, after 
having received the State treasurer's warrant for assess- 
ing it, to choose assessors to assess it, and cause the 
assessment thereof to be certified to such treasurer for the 
time being, he shall issue his warrant, under his hand, to 
the sheriff of the same county, who shall proceed to levy 
such sums on the real and personal proj^erty of any 
inhabitants of such town, observing the regulations pro- 
vided for satisfying warrants against deficient collectors, 
as hereinafter prescribed. But if the assessors thereof, 
within sixty days from the receipt of a copy of such 
warrant from the ofiicer, deliver to him a certificate 
according to law of the assessment of the taxes required 
by the warrant, and pay him his legal fees, he shall 
forthwith transmit the certificate to the State treasurer, 
and return the warrant unsatisfied. lb. § 109. 

23. If the inhabitants of a town of which any county 
tax is required, neglect to choose and keep in oflice 
assessors to assess it, as the law requires, the county 
treasurer, for the time being, after the lapse of five 
months from the time they received the county commis- 
sioners' warrant for assessing it, shall issue his warrant to 
the sheriff, requiring him to levy and collect the sum 
mentioned therein ; and he shall execute it, observing the 
regulations and subject to the condition provided in the 
preceding section. lb. § 110. 

24. If the inhabitants of a town qualified to vote in 
town affairs, of which a State or county tax is required, 



96 MA.INE TOWNSMAN. 

choose assessors who neglect to assess the tax required 
by the warrant issued to them, or to reassess a tax on 
the failure of a collector, and to certify it as the law 
directs ; and the estates of such assessors are insufficient 
to pay such taxes as already provided, the treasurer of 
State, or of the county, as the case may be, for the time 
being, is directed to issue bis warrant to the sheriff of 
such county, requiring him to levy, by distress and sale, 
such deficiency on the real and personal estates of such 
inhabitants ; and the sheriff or his deputy shall execute 
such warrants. lb. § 111. 

25. If any assessor, chosen and notified to take the 
oath of office, unreasonably refuses to be sworn, he shall 
forfeit fifteen dollars to the town to be recovered by their 
treasurer in an action of debt ; and the selectmen shall 
forthwith call a meeting of the town to fill the vacancy, 
lb. § 112. 

26. The warrant to be issued by the selectmen or 
assessors for the collection of the State taxes shall be in 
substance as follows : 

ss. A. B., constable or collector of the town of 



within the county of -. Greeting. 

In the name of the State of Maine, you are hereby 
required to levy and collect of the several persons named 
in the list herewith committed unto you, each one his 
respective proportion therein set down, of the sum total 
of such list, it being this town's proportion of the State 
tax for the year 18 — ; and you are to transmit and pay 

in the same unto -, treasurer of the State, or to 

his successor in that office, and to complete and make up 
an account of your collections of the whole sum on or 

before the day of . And if any person refuses 

or neglects to pay the sum he is assessed in the said list, 
you are to distrain his goods or chattels to the value 
thereof; and the distress so taken to keep for the space 
of four days at the cost and charge of the owner ; and if 
he does not pay the sum so assessed within the said four 
days, then you are to sell at public vendue, such distress 
for the payment thereof with charges ; first giving forty- 
eight hours notice of such sale by posting up advertise- 
ments thereof in some public place in the town (or 
plantation, as the case may be) ; and the overplus arising 
by such sale, if any, besides the sum assessed and the 



ASSESSORS OF TOWN TAXES. 97 

necessary charges of taking and keeping the distress, you 
are immediately to restore to the owner ; and for want of 
goods and chattels, whereon to make distress, besides 
those implements, tools, and articles of farniture which 
are by law exempt from attachment for debt, for the 
space of twelve days, you are to take the body of such 
person so refusing or neglecting, and him commit unto 
the common jail of the county, there to remain until he 
pays the same or such part thereof, as shall not be abated 
by the assessors for the time being, or the county com- 
missioners for the said county. 

Given under our hands, by virtue of a warrant from 
the treasurer aforesaid, this day of — — . 

tl} Assessor.. 

27. And a certificate of the assessment of any State 
tax shall be in substance as follows : 

Pursuant to a warrant from the treasurer of the State 

of Maine, dated the day of , we have assessed 

the polls and estates of the of -. , the sum of 

, and have committed lists thereof to the of 

said , viz. : to , with warrants in due form of law 

for collecting and paying the same to , treasurer 

of said State, or his successor in office, on or before the 
• day of next ensuing. 

In witness whereof, we have hereunto set our hands at 
, this day of ■ — — , in the year 



v-j* pv* >• Assessors. 

28. The warrant to be issued for the collection of 
county or town taxes, shall be made out by the assessors 
in the same tenor, changing those parts which should be 
changed to adapt it to the particular case. lb. § 123. 

29. When an original warrant, issued by any assessors 
and delivered to a constable or collector for the collection 
of a tax, has been lost or destroyed by accident, the as- 
sessors may issue a new warrant for that purpose, which 
shall have the same force as the original. lb. § 124. 

30. When towns choose collectors, they may agree 
what sum shall be allowed for the performance of their 
duties ; but if none are chosen, or if those chosen refuse 

7 



98 



MAINE TOWNSMAN. 



to serve or give the requisite bonds, the assessors may 
appoint a suitable person to act as constable and collector 
for the collection of taxes. lb. § 125. 

31. The assessors shall not exceed the sum voted, and 
five per cent in addition. If it does exceed it, even a 
few cents, the tax is illegal and the assessors liable. 
2 Greenl. 375. 

32. It is not necessary to the validity of a warrant for 
the collection of taxes that it be delivered to the collector 
during the year for which he and the assessors were 
elected ; it is sufficient, if made and signed while they 
were in office. 3 Maine, 290. 

33. For an assessment of money voted by a town, at a 
meeting not legally called, or without an article justifying 
it, or for a purpose not authorized by law, the assessors 
would be personally liable. 12 Maine, 378. 



CHAPTER XXIX. 



ASSESSMENT OF TAXES IN PLANTATIONS. 



1. Power of plantations. 

2. Plantations liable for neglect. 

3. Officers to be sworn. 



4. Organization of plantations for tax- 

ation. 

5. Duty of assessors. 

6. Neglect to be sworn ; penalty. 



1. All plantations ordered by the legislature to pay any 
part of the public taxes, are vested with the same power 
as towns are, so far as relates to the choice of clerk, as- 
sessors, and collectors of taxes ; and any person chosen an 
assessor therein, and refusing to accept, or to take the 
legal oath, after due notice, shall be liable to the penalty 
mentioned in section sixteen of the preceding chapter; 
and the other assessors shall forthwith call a plantation 
meeting to fill the vacancy. R. S. c. 6, § 113. 

2. If any such plantation neglects to choose a clerk, 
assessors, and collector of taxes, or if the assessors chosen 
neglect their duty, it shall be subject to the same penalties 
and proceeded with in the same manner as towns deficient 
in the same respect. lb. § 114. 

3. The clerk, assessors, and collectors, shall be sworn 



ASSESSMENTS AND ABATEMENTS. 99 

as similar officers chosen by a town, and be entitled to tbe 
same compensation, unless otherwise agreed. lb. § 115. 

4. When a State or county tax is laid on a place not 
incoiporated or organized, the State treasurer or county 
commissioners of that county may cause the same to be 
organized as provided in Revised Statutes, chapter three, 
sections forty-seven and forty-eight, for the organization 
of plantations containing two hundred and fifty inhabit- 
ants. If the inhabitant to whom the warrant is directed, 
fails to perform the duties required of him, he shall forfeit 
the sums due for State and county taxes, to be recovered 
by the treasurer, to whom the tax is payable. lb. § 116. 

5. The assessors shall thereupon take a list of the rata- 
ble polls, and a valuation of the estates of the inhabitants 
of the plantation, and proceed to make assessment of 
taxes and cause the same to be collected as required by 
law. lb. § 117. 

6. Such plantation officers neglecting to take the oath 
of office when notified, shall be liable to the same penal- 
ties as town officers so neglecting. lb. § 119. 



CHAPTER XXX. 

SUPPLEMENTARY ASSESSMENTS AND ABATEMENTS. 



1 Supplementary assessments. . ^'^ 

2. Assessors may' abate taxes. ; 

3. If they refuse, appeal allowed. 

4. Neglect to bring in lists, bar to 

abatement. 

5. Towns may discount for early pay- 

ment. 



6. Notice of discount, form of. 

7. Assessors liable only for personal 

faithfulness. 

8. Order in favor of collector. 

9. To get abatement, must bring in 

lists. 



1. When any assessors, after completing the assess- 
ment of a tax, discover that they have by mistake 
omitted any polls or estate liable to be assessed, they may, 
during their term of office, by a supplement to the invoice 
and valuation and the list of assessments, assess such polls 
and estate their proportion of such tax according to the 
principles on which the assessment was made, certifying 
that they were omitted by mistake. Such supplemental 
assessments shall be committed to the collector with a cer- 
tificate under the hands of the assessors, stating that they 



100 MAINE TOWNSMAN. 

were omitted by mistake, and that the "powers in their 
previous warrant, naming the date of it, are extended 
thereto; and the collector shall have the same power, 
and be under the same obligations to collect them, as 
if they had been contained in the original list ; and all 
assessments shall be valid, notwithstanding that by such 
supplement the whole amount exceeds the sum to be 
assessed by more than five per cent, or alters the propor- 
tion of tax allowed by law to be assessed on the polls. 
K S. c. 6, § 35. 

2. The assessors, on application, within two years from 
the assessment, may make such reasonable abatement as 
they may think proper. lb. § 95. 

3. If the assessors shall refuse to make any abatement, 
the complainant may apply to the county commissioners, 
at their next meeting, and, if they think he is overrated, 
he shall be relieved by them, and be reimbursed out of 
the town treasury the amount of their abatement, with 
incidental charges. The commissioners may require the 
assessors or town clerk to produce the valuation or a 
copy of it. But should the complainant fail in his appli- 
cation, the commissioners shall allow the costs to the 
town, and may issue their warrant for the collection 
thereof against said complainant. lb. § 96. 

4. Any j^erson, who has neglected to bring in his lists 
to the assessors, after notice, shall be barred of a right to 
apply to the commissioners for abatement, unless he make 
it appear to them that he was unable to offer the list at 
the time appointed. lb. § 93. 

5. At any meeting, when they vote to raise a tax, a 
town may agree on the abatement to be made to those 
who voluntarily pay their taxes to the collector at certain 
periods, and the times within which he is so entitled ; 
and a notification of such votes, and the time wlien such 
taxes were committed, shall be posted up by the treas- 
urer, in One or more public places in his town, witliin 
seven days after such commitment ; and all who so pay 
their taxes shall be entitled to such abatement. lb. § 177. 

6. The form of notice may be as follows : 

The treasurer of the town of hereby gives notice, 

that by a vote of said town, a discount will be made to 
all persons who shall voluntarily pay their taxes to the 
collector of taxes of said town, within days afler the 



1 



ASSESSMENTS AND ABATEMENTS. 101 

commitment of tlie same to him for collection, which was 

on the first day of last past, of per cent. 

June 1st, 18 — . A. B., Treasurer of . 

7. The assessors of towns, plantations, school districts, 
parishes, and religious societies shall not be responsible 
for the assessment of any tax, which they are by law 
required to assess ; but the liability shall rest solely with 
the corporations, for whose benefit the tax was assessed, 
and the assessors shall be responsible only for their own 
personal faithfulness and integrity. See 8 
Cush. 264. 

8. An order drawn by the selectmen in favor of the 
collector for abatement of taxes is to be considered as a 
mere order to the treasurer to release the collector from 
said sum ; but not to be an abatement of the said tax to 
the person assessed. 19 Maine, 322. 

9. By Revised Statutes, c. 14, § 18, it is provided that 
if after notice by the assessors, an inhabitant of the town 
shall not bring in the required lists (for the purposes of 
taxation), he shall be thereby debarred of his right to 
make application to the county commissioners for any 
abatement of the assessment on him, unless he shall make 
it appear that he was unable to ofier such a list at the 
time appointed. Befqre this mode of redress can be 
made available by any inhabitant, he must personally 
carry in such list to the assessors, and be ready to make 
oath to its correctness, if required. 37 Maine, 561, 



102 



MAINE TOWNSMAN, 



CHAPTER XXXI., 



COLLECTOR OE TAXES. 



Collector of taxes, how chosen. 

Collector to receive warrant. 

Collector to give bond. 

Form of collector's bond. 

Collectors to give receipts. 

If collector dies. 

Plantations, their power. 

Absconding of assessed persons. 

About to remove. 

Former collectors to complete col- 
lections. 

Distrain shares in corporations. 

May collect anywhere. 

Collector may sue, when. 

Of non-residents ; improved lands. 

Same subject; animals. 

Collector may demand aid, when. 

Collector must exhibit accounts, 
when. 



18. Collector removing away. 

19. Penalty for refusing to deliyer 

bills. 

20. Collector incapable, what. 

21. Collector delinquent. 

22. Same subject. 

23. Same subject. 

24. Death of collector. 

25. Treasurer to issue warrant against 

delinquent collector. Form of. 

26. Copy of assessments. 

27. Towns may choose another col- 

lector, when. 

28. Sheriff" to collect, when. 

29. Proceedings when person arrested, 

30. Collector liable, when. 

31. Collector protected by his warrant, 

32. Sm-eties must abide by their bond. 



1. When towns choose collectors, they may agree what 
sum shall be allowed for the performance of their duties ; 
but if none are chosen, or if those chosen refuse to serve 
or give the requisite bonds, the assessors may. appoint a 
suitable person to act as constable and collector for the 
collection of taxes. R. S. c. 6, § 125. 

2. Every collector or constable, required to collect tax- 
es, shall receive a warrant from the selectmen or asses- 
sors, and shall faithfully obey its directions. lb. § 127. 

3. The assessors shall require such constable or collector 
to give bond for the faithful discharge of his duty, to the 
inhabitants of the town, in such sum, and with such sure- 
ties, as the municipal officers approve ; and bonds of col- 
lectors of plantations shall be given to the inhabitants 
thereof, approved by the assessors, with like conditions. 
lb- § 128. 

4. The form of collector's bond may be as follows : 

Know all men by these presents, that we , as prin- 
cipal, and , as sureties, of the town of , in 

county, are held and firmly bound unto the inhabit- 
ants of said town, in the sum of dollars ; to which 

payment, well and truly to be made, we bind ourselves, 
our heirs, executors, and administrators by these presents. 



Witness our hands and seals this 



day of 



18—. 



COLLECTOR OF TAXES. 103 



The condition of this obligation is such, that whereas 

said has been chosen a collector of taxes for said 

town, for the year 18 — ; now, if said shall well and 

faithfully perform all the duties of his said office, then 
this obligation to be void; otherwise to remain in full force. 
Signed, sealed, and delivered ) A. B. (seal.) 

in presence of \ C. D. (seal.) 

E. F. (seal.) 

5. When a tax is paid to a collector or constable, he 
shall give a receipt therefor on demand ; and if he neglects 
or refuses so to do, he shall forfeit five dollars to the ag- 
grieved party. lb. § 129. 

6. If any constable or collector dies before perfecting 
the collection of an assessment, the assessors shall appoint, 
at the charge of their town, some suitable person to per- 
fect the collection, and grant him a sufficient warrant for 
that purpose. lb. § 130. 

7. All plantations, required to pay any jDroportion of 
the public taxes, are vested with all the powers, so far as 
relates to the choice of constables and collectors, and 
requiring bonds from them, as towns are. lb. § 131. 

8. If the assessors think there are just grounds to fear 
that any person assessed may abscond before the end of 
twelve days, the constable or collector may demand imme- 
diate payment, and on refusal, he may commit him. lb. 
§ 135. 

9. When a tax is make payable by instalments, and any 
person, who was an inhabitant of the town at the time of 
maldng such tax, and assessed therein, is about to remove 
therefrom before the time fixed for any payment, the col- 
lector or constable may demand and levy the whole tax, 
though the time for collecting any instalment has not ar- 
rived, lb. § 136. 

10. When new constables or collectors are chosen and 
sworn before the former officers have perfected their col- 
lections, the latter shall complete all their collections, as 
if others had not been chosen and sworn. lb. § 137. 

11. For non-payment of taxes, the collector or constable 
may distrain the shares owned by the delinquent in the 
stock of any corporation ; and the same proceedings shall 
be had as when like property is seized and sold on execu- 
tion, lb. § 138. 

12. When a person taxed in a town, in which he was 
living at the time of assessment, removes therefrom be- 



104 MAINE TOWNSMAN". 

fore paying his tax, such constable or collector may de- 
mand it of him in any part of the State, and if he refuses 
to pay it he may distrain him by his goods, and for want 
thereof may commit him to the jail of the county where 
he is found, to remain until his tax is paid ; and he shall 
have the same power to distrain property and arrest the 
body in any part of the State, as in the place where the 
tax is assessed. lb. § 140. 

13. When a person duly taxed in any town or parish, 
dies before its. payment, or removes therefrom to any 
other town or place in the State ; and when an unmar- 
ried woman duly taxed as aforesaid, intermarries before 
the payment thereof, the constable or collector may sue 
for the tax in his own name, and recover it in an action 
of debt ; but shall recover no costs, unless he demanded 
it before bringing the action. lb. § 141. 

14. When the owner of improved lands living in this 
State, but not in the town where the estate lies, is taxed 
and neglects for six months after the lists of assessment 
are committed to an officer for collection^ to pay his tax, 
such officer may distrain him by his goods and chattels, 
and for want thereof, commit him to jail in the county 
where he is found ; or after two months written notice, 
he may sue him for such tax in his own name in an action 
of debt. lb. § 143. 

15. When the owner or possessors of goods, wares 
and merchandise, logs, timber, boards and other lumber, 
stock in trade, including stock employed in the business 
of any of the mechanic arts, horses, mules, neat cattle, 
sheep, or swine, resides in any other town than the one 
in which such pi'operty is kej^t and taxed, the constable 
or collector, having a tax on such property for collection, 
may demand it of such owner or possessor in any part of 
the State, and on his refusal to pay it, may distrain him 
by his goods, and for want thereof, may commit him to 
jail in the county where he is found, till he pays it, or is 
discharged by law. lb. § 144. 

16. Any collector impeded in collecting taxes, in the 
execution of his office, may require proper persons to assist 
him in any town where it is necessary, and any person re- 
fusing when so required, shall, on complaint, pay not ex- 
ceeding six dollars at the discretion of the justice before 
whom the conviction is had, if it appears that such aid 
was necessary; and on default of payment, the justice 
may commit him to jail for forty-eight hours. lb. § 145. 



COLLECTOR OF TAXES. 105 

17. Every collector of taxes shall once in two months 
at least exhibit to the municipal officers, and where there 
are none, to the assessors of his town, a just and true 
account of all moneys received on the taxes committed 
to him, and produce the treasurer's receipts for money by 
him paid ; and if he neglects to do so, he shall forfeit to 
the town two and a half per cent on the sums committed 
to him to collect. lb. § 146. 

18. When a collector, having taxes committed to him 
to collect, has removed; or in the judgment of the 
municipal officers, assessors, or treasurer of a town, or 
committee or treasurer of a parish, is about to remove out 
of the State before the time set in his warrants to make 
payment to such treasurers; or when the time has 
elapsed, and the treasurer has issued his warrant of dis- 
tress, in either case, said officers or committee of the 
parish, may call a meeting of such town, or parish, to 
appoint a committee to settle with him for the money he 
has received on his tax-bills, demand and receive of him 
such bills, and discharge him therefrom ; and said meet- 
ing may elect another constable or collector; and the 
assessors shall make out a new warrant and deliver it to 
him with said bills, to collect the sums due thereon, and 
he shall have the same power in their collection as the 
original collector. lb. § 147. 

19. If such collector or constable refuses to deliver the 
bills of assessment, and pay all moneys in his hands, 
collected by him, when duly demanded of him, he shall 
pay two hundred dollars to the use of the town or i^arish, 
as the" case may be, and be liable to pay w^hat remains 
due on said bills of assessment. lb. § 148. 

20. When a constable or collector of taxes dies, 
becomes insane, has a guardian, or by bodily infirmities, 
is incapable of doing the duties of his office before com- 
pleting the collection, the assessors may appoint some 
suitable person a collector to perfect such collection, and 
grant him a warrant for the purpose ; and he shall have 
the same power as the disqualified collector or constable ; 
but no person shall be so appointed without his consent ; 
and in these cases, the assessors may demand and receive 
the tax-bills of any person in possession of them, and de- 
liver them to the new collector. lb. § 149. 

21. The State treasurer shall issue a warrant of distress, 
signed by him, against any constable or collector, to 



106 MAINE TOWNSMAN. 

whom a tax has been committed for collection, who is 
negligent in paying into the public treasury the money 
required within the time limited by law. lb. § 151. 

22. When the time fixed by law for collecting any 
State tax has expired, and it is unpaid, the State treas- 
urer shall, at the request of the municipal officers of any 
town, issue his execution against the collector thereof, 
lb. § 152. 

23. If a collector of any town finis to pay the county 
tax for forty days after the time fixed therefor, the county 
treasurer shall issue his warrant against him in due form 
of law. lb. § 153. 

24. If any collector or constable of a town, or parish, 
dies without settling his accounts of taxes committed to him 
to collect, his executor or administrator, mthin two months 
after his acceptance of the trust, shall settle with such 
assessors for what was received by him in his lifetime ; 
with which such executor and administrator is chargeable 
as the deceased Avould be if living ; and if he fixils so to 
settle, when he has sufficient assets in his hands, he shall 
be chargeable with the whole sum committed to the de- 
ceased for collection. lb. § 157. 

25. If the constable or collector of any town, or parish, 
to Avhom taxes have been committed for collection, neglects 
to collect and pay them to the treasurer named in the 
warrant of the assessors by the time therein stated, such 
treasurer shall issue his warrant, returnable in ninety days, 
to the sheriff of the county or his deputy, who are directed 
to execute it, and in substance as follows : lb. § 158. 

"A. B., treasurer of the — — of -, in said county, to 

the sheriff of the county of — — , or his deputy, 

GEEETING. 

"Whereas, C. D., of aforesaid (addition), on the 

day of , being a • of taxes granted and 

agreed on by the aforesaid, had a list of assessments 

duly made by the assessors of the aforesaid, amount- 
ing to the sum of , committed to him with a warrant 

under their hands, directing and empowering him to col- 
lect the several sums in the said assessment mentioned, 

and pay the same to the treasurer of aforesaid, by 

the day of , but the said C. D. has been remiss 

in his duty by law required, and has neglected to collect 
the several sums aforesaid, and pay them to the treasurer 



COLLECTOR OF TAXES. 107 

of the aforesaid ; and there still remains due thereof 

the sum of , and the said C. D. still neglects to pay 

it : You are hereby, in the name of the State, required 

forthwith to levy the said sum of , by distress and 

sale of the estate, real or personal, of the said C. D., and 
pay the same unto the treasurer of the p.aid , return- 
ing the overplus, if any, to the said C. D. And for want 
of such estate to take the body of the said C. D., and him 
commit to the jail in the county aforesaid, there to remain 

until he has paid the sum of , with forty cents for this 

warrant, together with your fees, or is otherwise discharged 
therefrom by order of law ; and make return of this war- 
rant to myself, or my successor, as treasurer of said •, 

within ninety days from this time, with your doings 
therein. 

" Given under my hand this day of , in the 

year one thousand eight hundred and 



Treasicrer of- 



26. When any constable or collector of taxes is taken 
on execution, the assessors may demand and receive of 
him a true copy of the assessments which he received 
of them and then has in his hands unsettled, with the evi- 
dence of all pa}inents made on them ; and if he complies 
with this demand, he shall receive such credit as the as- 
sessors, on inspection of the assessment, adjudge him 
entitled to, and account for the balance ; but if he refuses 
to comply, he shall forthwith be committed to jail by the 
officer who so took him, or by a warrant from a justice of 
the peace, to remain there till he complies ; and the as- 
sessors shall take and use copies of the record of assess- 
ments instead of the copies demanded of him. lb. § 165. 

27. The same town or parish may proceed to the choice 
of another collector, at any time, to complete the collec- 
tion of the assessments ; who shall be duly sworn and 
give the security required of the first collector; and the 
assessors shall deliver to him the uncollected assessments, 
with a proper warrant for their collection ; and he shall 
proceed as before prescribed. lb. § 166. 

28. When a town neglects to choose any constable or 
collector, to collect any State or county tax, the sheriff of 
the county is hereby authorized and directed to collect it, 
on receiving an assessment thereof, with a warrant under 
the hands of the assessors of such town duly chosen, or 



108 



MAINE TOWNSMAN. 



appointed by the county commissioners, as the case may 
be. lb. §168. 

29. When any officer appointed to collect assessments 
by virtue of a warrant, for want of property arrests any 
person and commits him to jail, he shall give an attested 
copy of his warrant to the jailer, and certify, under his 
hands, the sum he is to pay as his tax and the costs of 
arresting and committing, and for want of goods and 
chattels whereon to make distress, he had arrested him ; 
and such copy and certificate shall be a sufficient warrant 
to require the jailer to receive and keep such person in 
custody, tin he pays his tax, charges, and thirty-three 
cents for the copy, of the Avarrant. lb. § 171. 

30. When a person imprisoned for not paying his tax, 
is discharged therefrom, the officer committing him shall 
not be discharged from such tax without a vote of the 
town, unless he imprisoned him within one year after the 
taxes were committed to him to collect. lb. § 173. 

31. In every case within the power of the assessors to 
decide, their warrant justifies the collector, and he is 
holden to execute it ; for he does not incm^ the penalty 
of their misdoings or wrong estimates. 10 Mass. 119. 

32. Where the bond of a collector recited that he was 
duly chosen, it was held that the sureties could not con- 
trovert the legality of the meeting, nor the validity of 
his election. 8 Maine, 334. 



CHAPTER XXXII 



DISTRESS AND COMMITMENT FOR NON-PAYMENT OF TAXES. 



1. Collector's fees in case of distress. 

2. Dijtre ^s for non-payment of taxes. 

3. Public places. 

4. Valid sale. 

6. Evidence of appointment of col- 
lector. 



6. Taxes against insolvent estates. 

7. Form of notice of sale. 

8. Overplus. 

9. Account of sale. 

10. Body of delinquent arrested. 

11. Certificate to jailer. 



1. In case of distress and commitment for the non- 
payment of taxes, the officer shall have the same fees 
which sheriffs have for levying executions, saving that the 
travel, in case of distress, shall be computed only from 



NON-PAYMENT OF TAXES. 109 

« 

the dwelling-house of the officer, to the place where it is 
made. R. S. c. 6, § 126. 

2. If any person shall refuse to pay his tax, in whole or 
in part, the constable or collector to whom such tax is 
committed, with a warrant to collect the same, shall dis- 
train him by his goods and chattels, not by law exempt, 
and the distress so taken keep for four days, at the ex- 
pense of the owner ; and if he do not pay the sum assessed 
on him within that time, the distress shall be sold by ven- 
due by such officer for its payment, notice of such sale 
being posted in some public place in town forty-eight 
hours before the expiration of said four days. lb. § 132. 
See below. 

3. Taverns, stores, court-house, custom-house, and the 
post-office are deemed public places. 

4. In order to render a sale by a collector valid, there 
must be a substantial compliance with all the require- 
ments of law. 

5. The warrant ot a collector may be evidence of his 
appointment, but a record of it is better. 

6. Taxes against an insolvent estate should be paid 
before debts to creditors. 

7. For the place of a notice of sale to be posted up, see 
section third. The form may be as follows : 

Taken as a distress for taxes, and to be sold by public 

auction for cash, at the tavern of , in the town of , 

on the day of next, at o'clock in the fore- 
noon, one ton of hay. 

July 9, 1858. Z. Q., Collector of Taxes of ■. 

8. The officer, after deducting the tax and expense of 
sale, shall restore the balance to the former owner, with 
an account in writing of the sale and charges. R. S. c. 6, 
§133. 

The return of a collector, upon his warrant, on the 
distress and sale of chattels, is prima facie evidence of 
his having tendered to the former owner the overplus 
arising from such sale. 17 Maine, 100. 

A collector of taxes, legally qualified, acting within the 
scope of his powers, under a warrant from competent 
authority, may justify thereby the seizure and sale of the 
property of such delinquents as refuse to pay the taxes 
assessed against them. 40 Maine, 526. 



110 MAINE TOWNSMAN. 

9. The following is a proper form for account of " sale 

and charges : " 

Account of the sale of a lot of hay belonging to 



of -, taken, distrained, and sold by me, for the payment 

of his taxes in the bills committed to me to collect for the 
year 1858. 

One ton hay, sold to A. B. for C. D.'s taxes, |9.25 

Poll tax, $1.50 

Real and personal tax, 3.50 — 5.00 

(Charges.) 

Travel, in district, 10.20 

Carting hay, 0.75 

Weighing, 0.15 

Loading, 0.20 

Advertising and selling, 0.50 — 1.80 

1.80 
Surplus to be returned to A. B. 2.45 -19.25 

July 10, 1858. Z. Q., Collector, 

The collector should keep a record of the notice and 
sale for his own security. 

10. If a person assessed, for the space of twelve days 
after demand, refuses or neglects to pay his tax, and to 
show the constable or collector sufficient goods and 
chattels to pay it, he may arrest and commit him to jail 
till he pays it, or is discharged by law. R. S. c. 6, § 106. 

11. Certificate to be made upon the copy of a warrant 
to be given to the prison keeper on commitment, as above : 

July ^ 1858. I hereby certify that • dollars and 

cents is the sum which A. B., now committed to 

prison, is to pay as his proportion of the assessment 
within mentioned; that for want of goods and chattels 
whereon to make distress, I have taken his body upon the 
original warrant, of which this is a true and attested copy, 
and have committed him to the common jail in this county. 
The costs of taking and committing are two dollars. 

A. B., Collector of -. 



UNPAID TAXES ON REAL ESTATE. 



Ill 



CHAPTER XXXIII 



UNPAID TAXES ON REAL ESTATE. 



1. Unpaid taxes on lands of non-resi- 

dents. 

2. Proceedings at sale for taxes. 

3. Purchaser may pay other taxes. 

4. What is evidence of purchaser's 

title. 
6. If law is not eompliedwith. 

6. Lauds may be bid ofl to towns. 

7. Owner may redeem. 

8. Forms of proceedings. 

9. Collector cannot take personal 

property, when. 
10. Unpaid taxes on lands of residents. 



11. Owner to have written notice of 

sale. 

12. Lands to be sold at auction. 

13 . Deed and certificate to be deposited. 

14. Owner may redeem. 

15. Deed delivered to purchaser, when. 
18. No sale after two years. 

17. Collector to return sales to town 

clei-k. 

18. Towns not liable for title. 

19. Party purchasing, his duty. 

20. How much land may be sold. 

21. How described. 

22. When taxes paid recoverable back. 



I. Collection of taxes in incorporated places on lands of 
non-resident owners. 

1. At the expiration of nine months and not exceeding 
twelve months from the date of the commitment of his 
bills, the collector shall make an accurate coj^y of so much 
thereof as relates to the taxes assessed on the real estate 
of non-resident owners, whether described as such in his 
bills by name or as owners unknown, which remain unpaid 
at that date, and certify thereon that such taxes so remain 
unpaid, and deliver it to the treasurer of his town. The 
treasurer shall forthwith record the hst and certificate in 
a book kept by him for that purpose ; said record shall be 
sufficient evidence of the facts therein stated. The list so 
returned, adding thereto the number and range of the 
lots, rights, and divisions, the valuation or other short de- 
scription taken from the inventory, together with the val- 
uation therein, which will serve to identify the estate, he 
shall cause to be published in some newspaper, if any, 
published in the county where such real estate lies, three 
weeks successively; if no newspaper is published in such 
county, said list shall be published in like manner in the 
State paper; in either case such publication shall be within 
three months after the date of the collector's return ; and 
he shall, in the advertisement so published, state the name 
of the town, and if it has been changed, for the whole or 
a part of the territory by the legislature, within three 
years, the present and former name shall both be stated, 



112 MAINE TOWNSMAN. 

and give notice that if the taxes, interest, and charges are 
not paid within eighteen months from the date of the 
commitment, so much of the estate as will be sufficient to 
pay the amount due therefor, with interest and charges, 
will be sold without further notice, at public auction, at a 
place, and at a day and hour therein named, after the ex- 
piration of the eighteen months and not exceeding twenty 
months from the date of tihe commitment. The date of 
the commitment, the name of the collector, and the date 
of his return shall be stated in the advertisement. R. S. 
c. 6, § 188. 

2. At the time and place appointed for the sale, the 
treasurer shall offer ior sale so much of the estate taxed, 
as shall be required to pay the tax, with interest at the 
rate of twenty-five per cent per annum, commencing at 
the expiration of twelve months from the date of the com- 
mitment, and the cost of advertising ascertained by add- 
ing to the sum paid the printer fifty per cent thereof, and 
dividing the aggregate by the number of taxes advertised, 
the amount so obtained to be charged to each. If the 
bidding is for less than the whole, it shall be for a frac- 
tional part of the estate, and the bidder who will pay the 
sum due for the least fractional part shall be the purchaser. 
The treasurer shall, upon payment of the sum due by the 
bidder, by his deed, under his hand and seal of office, duly 
executed and acknowledged, in the name of the town, 
convey to the purchaser the estate so sold. He shall not 
deliver the deeds to the grantees, but put them on file in 
his office, to be delivered at the expiration of one year 
from the day of sale, in case the owner shall not within 
that time redeem his estate from the sale, by the payment 
of the taxes, interest at the rate aforesaid to the time of 
redemption, and costs as above provided, with sixty-seven 
cents for the deed and certificate of acknowledgment. 
If the deed is recorded within thirteen months after the 
day of sale, no intervening attachment or conveyance shall 
afiect the title. If so paid, he shall give the owner a cer- 
tificate thereof, and cancel the deed, and pay over to the 
grantee, on demand, the amount so received for him. If 
not so paid, he shall deliver to the grantee his deed, on 
payment of the fees as aforesaid, for the deed and acknowl- 
edgment, and thirty cents more for receiving and paying 
out the proceeds of the sale. Within four days after the 
sale, he shall make a record of his doings in his book 



UNPAID TAXES ON REAL ESTATE. 113 

mentioned in the first preceding section, in advertising and 
subsequent proceedings, and selling and conveying the 
estates so returned. For his fidelity in discharging his 
duties herein required, the town shall be responsible, and 
shall have a remedy in case of default on his bond. He 
may, if necessary to complete the sales, adjourn the auc- 
tion from day to day. lb. § 189. 

3. The person interested in the estate, by purchase at 
the sale, may pay any tax assessed on the same estate, 
previously or subsequently to that so advertised, and for 
which the estate remains liable, and on filing with the 
treasurer the receipt of the ofiicer to whom it was paid, 
the amount so paid shall be added to that for which the 
estate was liable, and shall be paid by the owner redeem- 
ing the estate, with interest at the same rate as on the 
other sums. After the deed is so delivered, the owner 
shall have six months within which to redeem his estate, 
by papng to the purchaser the sum by him so paid, with 
interest at the rate of twenty-five per cent per annum, 
lb. § 191. 

4. In the trial of any action at law or in equity involving 
the validity of any sale of real estate for non-payment ot" 
taxes effected since March three, eighteen hundred and 
seventy-four, it shall be sufficient for the party claiming un- 
der it, in the first instance, to produce in evidence the col- 
lector's or treasurer's deed, duly executed and recorded, 
and then he shall be entitled to judgment in his favor un- 
less the party contesting such sale, or the person under 
whom he claims, shall have deposited with the clerk of the 
court in which such action is pending, before the beginning 
of his said action or defence the amount of all such taxes, 
interest and costs accruing under such sale, and of all taxes 
paid after such sale, and interest thereon, to be paid out 
by ordpr of court to the party legally and equitably enti- 
tled thereto, and then he may be admitted to prosecute or 
defend. lb. § 205. 

5. Any owner of the real estate so taxed, having paid 
the taxes, charges, and interest as aforesaid, may at any 
time within one year after making such payment, com- 
mence a suit against the town to recover the amount 
paid, and if on trial it appears that the money raised was 
for an unlawful purpose, he shall have judgment for the 
amount so paid. If not commenced within the year, the 
claim shall be forever barred. lb. § 192. 



114 MAINE TOWNSMAN. 

6. The municipal officers of the town may employ one 
of their own number, or some other person, to attend to 
the sale of any real estate to be sold for taxes, in which 
their town is interested, and bid therefor a sum sufficient 
to pay the amount due and charges, in behalf of the 
town, and the deed shall be made to it. lb. § 203. 

7. In all cases where real estate has been sold for State, 
county, or town taxes the owner may pay the sums 
necessary to redeem the same, within the time allowed by 
law, into the treasury of the State, county, or town to 
which the tax is to be paid, and such payment seasonably 
made shall redeem the estate. The treasurer shall pay 
the amount so received by him to the person entitled 
thereto according to the records and documents in his 
office. lb. § 204. 

8. Having made the copy required, the collector shall 
make his certificate to the treasurer in substance aa 
follows : 

To A, B., treasurer of the town of . I certify that the 

foregoing is an accurate copy of so much of the bills committed 
to me as collector of said town, as relates to the taxes assessed 
on the real estate of non-resident owners in said town for the 
year 18 — . that remain unpaid at this date, that the bills were 

committed to me on the day of , 18 — , and the said taxes 

are returned by me as unpaid. 

(IsTame of town.) (Date.) 

A. B., Collector of taxes of the town of 

for the year 18 — . 

If the taxes are committed to a constable, the certificate 
must conform thereto. The treasurer's advertisement 
shall be in substance as follows : 

Non-resident taxes in the town of -, in the county 

of , for the year 18 — . 

[N". B. The name of the town was formerly , (to 

be stated in case of change of name, as mentioned in the 
one hundred and fifty-ninth section.)] The following list 
of taxes on real estate of non-resident owners in the town 

of , for the year 18 — , in bills committed to A. B., 

collector (or constable) of said town, on the day 

of , 18 — , has been returned by him to me as re- 
maining unpaid on the day of , 18 — , by his 

certificate of that date, and now remain unpaid; and 
notice is hereby given that if the said taxes and interest 
and charges are not paid in the treasury of the said town, 



UNPAID TAXES ON REAL ESTATE. 115 

within eighteen months from the date of the commitment 
of the said bills, so much of the real estate taxed as will 
be sufficient to pay the amount due therefor, including 
interest and charges, will, without further notice, be sold 

at ]3ublic auction at , in said town, on the day of 

, 18 — , at o'clock. [K. B. Here follows the list, 

it being the same made by the collector to the treasurer ; 
the short description taken from the inventory should be 
inserted in an additional column.] 

C. D., Treasurer of the town of . 

The treasurer's return shall be in substance as follows : 

Pursuant to the provisions of law, I caused the taxes 
assessed on the real estate of non-resident owners in the 

town of , for the year 18 — , returned to me by A. B., 

collector, and certified by him to be unpaid, under date of 

, 18 — , to be advertised in the , , 

three weeks successively, to wit : on the day of , 

18 — ^ and afterwards on the day of , 18 — , at 

, in said , being the day and place of sale, 

at of the clock -, being the hour of sale, I pro- 
ceeded to sell according to the tenor of the advertisement, 
the estates upon which the taxes so assessed remained un- 
paid ; and in the schedule following is set forth each parcel 
of the estate so ofiered for sale, the amount of the taxes, 
interest, and charges for which it was sold, the quantity 
sold, and the name of the purchaser, and I have made and 
executed deeds of the several parcels to the several per- 
sons entitled thereto, and placed them on file in my office, 
to be disposed of as the law requires. 

SCHEDULE NO. 1. 



Name of 
owner. 



Description 
property. 



Amount of tax, inter- 
est, and charges. 



Quantity Name of pur- 
sold, chaser. I 



In witness of all which I have hereunto subscribed my 

name, this day of , 18 — . 

C. D., Treasurer of the town of . 

The above return of the treasurer being made in his 
book mentioned in the one hundred and eighty-eighth 
section, shall be prima facie evidence of the facts herein 
stated. lb. § 190. 



116 MAINE TOWNSMAN. 

9. When real estate has been taxed, as non-resident, 
the collector is not justified in seizing and selling personal 
property, but must pursue the mode pointed out for the 
collection of non-resident taxes. 19 Maine, 100. 

II. Collection of taxes in incorporated places on real 

estate of resident ovmers. 

10. For all taxes legally assessed on real estate belong- 
ing to resident proprietors and on equitable interests as- 
sessed under section three of this chapter, a lien is hereby 
created, which shall continue in full force until the pay- 
ment thereof If any such tax remains unpaid for the 
term of nine months from the date of the assessment, the 
collector may give notice thereof, and of his intention to 
sell so much of such real estate or interest as is necessary 
for the payment of said tax and all charges, by posting 
notices thereof in the same manner and at the same places 
that warrants for town meetings are therein required to be 
posted, six weeks before the day of sale, designating the 
name of the owner, if known, the right, lot, and range, 
the number of acres as near as may be, the amount of tax 
due and unpaid, and such other short description as is 
necessary to render it certain and plain; and shall lodge 
with the town clerk a copy of such notice, with his certifi- 
cate thereon, that he has given notice of the intended sale 
as required by law. Such copy and certificate thereon 
shall be recorded by said clerk, and the record so made 
shall be open to the inspection of all persons interested. 
It shall be the duty of the clerk to furnish to any person 
desiring it, an attested copy of such record, on receiving 
payment or tender of payment of a reasonable sum there- 
for, lb. § 193. 

11. After the land is so advertised, and at least ten days 
before the day of sale, the collector shall notify the owner 
or occupant thereof of the time and place of sale by de- 
livering to him in person, or leaving at his last and usual 
place of abode, a written notice signed by him, therein 
stating the time and place of sale, and the amount of the 
taxes due. If such tax is paid before the time of sale, the 
amount to be paid for such advertisements and notice shall 
not exceed one dollar. lb. § 194. 

12. When no person appears to discharge the taxes duly 
assessed on any real estate of resident owners, with costs 



UNPAID TAXES ON REAL ESTATE. 117 

of advertising, on or before the time of sale, the collector 
shall proceed to sell at public auction, to the highest bidder, 
so much of such real estate or interest as is necessary to 
pay the tax then due, with three dollars for advertising 
and selling it, and twenty-five cents more for each copy 
required to be lodged with the town clerk. If more than 
one right, lot, or parcel of land is so advertised and sold, 
the said sum of three dollars shall be divided equally 
among the several lots or j^arcels advertised and sold at 
any one time ; and the collector shall be entitled to receive, 
in addition, fifty cents on each parcel of real estate so ad- 
vertised and sold, when more than one parcel is advertised 
and sold. lb. § 195. 

13. When any real estate is so sold for taxes, the col- 
lector shall, within four days after the day of sale, lodge 
with the treasurer of his town a certificate, under oath, 
designating the quantity of land sold, the name of the 
owner or owners of each parcel, and the name of the pur- 
chaser or 2:)urchasers ; what part of the amount on each 
was tax, and what was cost and charges ; and also a deed 
of each parcel sold, running to the purchasers. lb. § 196. 

14. Any person, to whom the riglit by law belongs, 
may, at any time within two years from the time such cer- 
tificate is lodged with the town treasurer, redeem any real 
estate or interest of resident proprietors sold for taxes, on 
paying into the town treasurer for the purchaser, the full 
amount so certified to be due, both taxes and costs, in- 
cluding that allowed for the deed or deeds, with interest 
on the whole at the rate of twenty per cent per annum 
from the date of said certificate, which shall be received 
and held by said treasurer as the property of the pur- 
chaser aforesaid ; and the treasurer shall be held to pay it 
to the said purchaser, his heirs or assigns, on demand ; and 
if not paid when demanded, the purchaser may sue for 
and recover it in any court of competent jurisdiction with 
cost and interest at the rate of twenty per cent from and 
after such demand. The sureties of the treasurer shall 
be liable to pay the same on the failure of said treasurer 
so to pay. And in default of payment by either the town 
or plantation shall pay the same with cost and interest as 
aforesaid. lb. § 198. 

15. In case no person having legal authority so to do 
redeems the same within the time aforesaid by paying 



118 MAINE TOWNSMAI?'. 

the full amount required by this chapter, said treasurer 
shall deliver to the purchaser the deed or deeds so lodged 
with him by the collector ; and if he willfully refuses to 
deliver any such deed to such purchaser, on demand after 
the expiration of the said term of two years and forfeiture 
of the land as aforesaid, he shall forfeit and pay to said 
purchaser the full and just value of the property so to be 
conveyed ; the sureties of said treasurer shall make good 
the payment here required in default of payment by the 
principal; and on the failure of payment by both, the 
town shall be liable. lb. § 199. 

16. No officer, to whom a waiTant for collection of taxes 
is committed, shall sell any real estate for non-payment of 
taxes after two years from its date. lb. § 200. 

17. It shall be the duty of the collector making any 
sale of real estate for non-payment of taxes, within thirty 
days after such sale, to make a return, with a particular 
statement of liis doings in making such sale, to the clerk 
of Ms town ; who shall record it in the town records ; and 
said return, or if it is lost or destroyed, an attested copy 
of the record thereof, shall be evidence of the facts therein 
set forth in all cases where such collector is not person- 
ally interested. lb. § 197 

18. A town is not responsible for the failure of title to 
land sold and conveyed by their collector for town taxes. 
The risk of title is upon collector and purchaser. It is 
upon the latter, except so far as he may be protected by 
covenants of the collector. For the breach of such cov- 
enants, the remedy is solely against the collector. 34 
Maine, 266. 

19. A party claiming to hold land under a sale for the 
payment of State or county taxes, must, in equity, as well 
as at law, prove the facts necessary to establish its 
validity. 36 Maine, 115. See also, 38 Maine, 461. 

20. The sale must be of so much land as is necessary to 
pay the tax and charges ; the sale of the whole tract to 
the highest bidder is invalid. 43 Maine, 299; 45 lb. 270 
48 lb. 377. 

21. The land must be definitely and distinctly de- 
scribed. 58_Maine, 518, 412. 

22. A resident owner cannot recover back money paid 
for taxes, on account of irregularity in the proceedings, 
but only where the tax was raised for an illegal purpose. 
58 lb. 390. 






DUTIES OF TOWN TEEASUEEE. 



119 



CHAPTER XXXIY 



DUTIES OF TOWN TEEASUEEE WHEN COLLECTOE OF TAXES. 



1. Towns may choose treasurer to be 

collector. 

2. Assessors to deposit assessments 

with treasurer. 

3. Treasurer's powers to continue, 

4. Treasurer to give bond. 

5. Form of bond. 



Treasurer may issue warrant to dis* 
train. 

Treasurer may distrain, when. 

Officer to give notice before dis- 
training. 

Form of notice. 



1. The inliabitants of a town may in March annually 
appoint their treasurer a collector of taxes ; and he may 
then appoint under him such number of assistants as are 
necessary ; who shall give bond for the faithful discharge 
of their duties in such sum and with such sureties as the 
municipal officers approve ; and he shall have like powers 
as are vested in collectors chosen for that purpose. R. S. 
c. 6, § 176. 

2. The assessors of any town, which at its annual meet- 
ing, regulates the collection of taxes agreeably to the 
provisions of the preceding section, shall assess their 
taxes in due form, and deposit them in the hands of the 
treasurer for collection, with their warrant for that pur- 
pose, after he and his deputies are duly qualified. lb. § 
178. 

3. All the powers granted in this chapter to treasurers, 
who are appointed collectors of taxes, shall be extended 
till the collection of any tax committed to them is com- 
pleted, notwithstanding the year for which they were ap- 
pointed is elapsed. lb. § 179. 

4. The municipal officers of towns shall require the 
treasurer thereof to give bond, with sufficient sureties, for 
the faithful performance of the duties of his office, and if 
lie neglects or refuses to do so, it shall be deemed a re- 
fusal to accept the office, and the town shall proceed to a 
new choice, as in case of vacancy. lb. § 180. 



120 MAINE TOWNSMAN. 

5. The form of bond may be as follows : 

Know all men by these presents, that we, A. B., of ^ 

in the county of , as principal, and C. D. and E, F., 

of said , as sureties, are held and firmly bound unto 

the inhabitants of said town of , in the sum of 

dollars ; to which payment, well and truly to be made, we 
bind ourselves, our heirs and executors, by these presents. 

Witness our hands and seals, this day of , a. d. 

18—. 

The condition of this obligation is such, that whereas 
the said A. B., treasurer of said town, has been appointed 
collector of taxes of said town, for the year 18 — ; now, 
if the said A. B. shall well and faithfully discharge all the 
duties of said office, then this obligation to be void ; 
otherwise, to remain in full force and virtue. 

A. B. (seal.) 
C. D. (seal.) 
E. F. (seal.) 

6. The treasurer of any to^vn, who is also collector, 
may issue his warrant to the sheriff of any county, or to 
his deputy, or a constable of his town, directing him to 
distrain the person or property of any person, who is 
delinquent in paying his taxes, after the expiration of the 
time tixed for payment by vote of the town ; which war- 
rant shall be of the same tenor as that prescribed to be 
issued by municipal officers or assessors to collectors, 
changing such parts as ought to be changed, returnable to 
the treasurer in thirty, sixty or ninety days. lb. § 182. 

7. When such treasurer thinks there is danger of losing 
by delay a tax assessed on any individual, he may distrain 
his person or property before the expiration of the time 
fixed by the vote of the town. lb. § 183. 

8. Before such officer serves any such warrant, he shall 
deliver to the delinquent, or leave at his last and usual 
place of abode, a summons from said collector and treas- 
urer, stating the amount of tax due, and that it must 
be paid within ten days from the time of leaving such 
summons, with twenty cents for officer for leaving the 
summons ; and if not so paid, the officer shall serve such 
warrant in the same manner as collectors of taxes are 
authorized to do, and shall receive the same fees as for 
levying executions in personal actions. lb. § 184, 



DUTIES OF TOWN TREASURER. 121 

9. The form of such summons may be as follows ; 

To A. B., of : The taxes assessed against you in 

the town of , for the year , and committed tome 

for collection, are as follows : [_here state the amount of 
the taxes'] : you are hereby notified that the same must 
be paid to me, within ten days from the day of leaving 
this summons, with the additional sum of twenty cents 
for the officer leaving this summons. 

C. D., Treasurer and Collector of . 



TITLE IT. 

HIQHWATS, BRIDGES, ETC. 

Chapter 35. Town ways and private ways. 

Chapter 36. Power of county commissioners relating to town 

ways. 

Chapter 37. Liability of towns to repair highways. 

Chapter 38. Obstructions in highways. 

Chapter 39. Surveyors of highways. ~ 

Chapter 40. Koad commissioners. 

Chapter 41. Guide-posts. 

Chapter 42. Law of the road. 

Chapter 43. Railroads. 

Chapter 44. Toll bridges. 

Chapter 4.5. Ferries. 

Chapter 46. Aqueducts. 

Chapter 47. Drains and common sewers. 



CHAPTER XXXV. 



TOWN WAYS AND PRIVATE WAYS. 



1. Municipal oflScers may lay out town 

ways. 

2. Form of notice. 

3. Proceedings to be confirmed by the 

town. 

4. Form of laying out a town way. 

6. Notice and form of laying out a 
private way. 

6. Form for widening and straighten- 

ing a town way. 

7. Laying out to be recorded by the 

town clerk. 



Width of the road to be stated. 
The occasion for a town way. 
Laying out way for hauling wood 
and lumber. 

11. Towns may discontinue. 

12. Damages. 

13. Discontinuance: 

14. Authority of towns. 

15. Rights of road contractors. 

16. Discontinuance, when takes effect. 



10, 



1. The municipal officers of towns may personally or 
by agency lay out, alter, or widen town ways and private 
ways, for one or more of its inhabitants, or for owners of 

(122) 



TOWN WAYS AND PRIVATE WAYS. 123 

cultivated land therein, on petition therefor. They shall 
give written notice of their intentions, to be posted for 
seven days, in two public places in the town and in the 
vicinity of the way, describing it in them, and they shall 
determine whether it shall be a town way or a private 
way ; and if a private way, whether it shall be subject to 
gates and bars. R. S. c. 18, § 14. 

2. The form of notice may be as follows : 

N'otice is hereby given, that it is the intention of the 

selectmen of the town of -, upon the application of 

to lay out [if to loiden and straighten^ say " to 

make wider and straighter^^^ a town way in said towu, 

for the use of said town, beo-inning^ at and endino; at 

, in said town, and that they will meet for said pur- 
pose on the day of instant, at -, in said 

town, at o'clock in the noon ; and all persons 

interested therein will govern themselves accordingly. 

Given under our hands, this day of , 18 — . 

A. B.^ 

C. D. >- Selectmen of -. 

E. F.) 

3. A written return of their proceedings, containing 
the bounds and admeasurements of the way, and the dam- 
ages allowed to each person for land taken, is to be made 
and filed with the town clerk. The way is not established 
until it has been accepted in a town meeting legally called 
afterwards, by a warrant containing an article for the pur- 
pose, lb. § 20. 

4. The form of laying out a town way may be as fol- 
lows : 

The subscribers, selectmen of , upon the applica- 
tion of , to lay out a town way in said town, begin- 
ning at and ending at , havin-' given seven days 

notice of our intentions to lay out the same, and staged 
in said notice the termini thereof, by ]^osting said notice 
in two public places in said town, and in the vicinity of 

the proposed route, to wit, at and at , in said 

town, on the day of instant, and having met at 

the time and place appointed for that purpose, and having 
personally examined the route proposed, are of opinion 
that there is occasion for a new town way for the use of 



124 MAINE TOWNSMAN. 

said town as proposed ; we therefore lay out said way as 
follows : beginning at the school-house in district No. 5 in 
said town ; thence running south nine degrees east 
through land of A. B., thirty rods to a stake ; thence 
north thirty degrees west of land of G. H., to a stake 
near the house of I. O., the line described to be the mid- 
dle of the highway, and the highway to be rods 

wide ; and we agree with the owners of the land, over 
which the road passes, for their damages, as follows, to 

wit : to the said A. B., to pay him I ; to the said E. 

F., to pay him $ ; and to the said G. H., to pay him 

I ; to be paid by said town before said road is opened 

[or as the case may be'] ; we award to said A. B. $ , to 

said E. F. | -, and to said G. H. | , for their dama- 

ages, to be paid by said town to them respectively ; and 

we allow the several owners, respectively, months to 

take oif the wood standing or growing on said land, and 
to remove the fence. Such laying out, with the bounda- 
ries and admeasurements, has been filed with the town 

clerk, on the day of , being seven days before 

this meeting ; and we now hereby report such laying out, 
with the boundaries and admeasurements of the same, to 
said town, at the meeting of the inhabitants regularly 
warned and notified, for them to acce23t and allow the 
same. 

Given under our hands, this day of , 18 — . 

A. B. 



C. D. >- /Selectmen of ■ 

5. The notice and form for laying out a private way for 
the use of one or more inhabitants of any town, may be 
the same as in sections two and four, except omitting the 
words "for the use of said town," and adding instead, 

*'for the use of -inhabitants [or '•proprietors of land''] 

of said town." 

6. The form, in case of widening and straightening a 
town way, may be the same as in section four, omitting 
the words "occasion for a new town way," and adding 
"occasion for Avidening and straightening the town way." 

7. The notice, laying out of the selectmen, and the 
doings of the town thereon, should be recorded at length 
by the town clerk, in the books of the town, and attested 
by him, thus : " A true copy from the original. Attest : 



TOWN WATS AND PRIVATE WATS. 125 

A. B., town clerk." And he should preserve the original 
on file. 

8. If the width of the road is not stated, half of the 
road will be presumed to be on each side of the line de- 
scribed ; but it should be stated. 

9. The power of selectmen to lay out town or j)rivate 
ways should not be exercised uuless the public necessity 
and convenience require it, and unless the rights of indi- 
viduals through whose land the road passes shall be con- 
sidered. 

10. They may lay out a way as aforesaid for the pur- 
poses of hauling wood or lumber, and to be used only 
when the ground is so covered with snow that such haul- 
ing shall not break the soil underneath such way. When 
so laid out they shall state in their return the purposes 
for which it is laid, and that it shall be used only in the 
winter season, and shall order the person or persons for 
whose accommodation it is laid, to pay into the town 
treasury an amount equal to the damages and axpenses 
of such location, for the benefit of the owner of the land 
over which it is laid, and it shall not be accepted by the 
town until such amount is so paid. No town shall be 
liable for damage to any person travelling on such way. 
R. S. c. 18, § 15. 

11. A town, at a meeting called by warrant containing 
an article for the purpose, may discontinue a town or pri- 
vate way ; and the municipal ofiicers shall estimate the 
damages sufifered by any person thereby. It may, by an 
ordinance, set off portions of its ways or streets as side- 
walks, and require them to be kept clear of snow or other 
obstructions ; and may authorize trees to be planted by 
their side. lb. § 17. 

12. The damages for a town way are to be j^aid by the 
town ; for a private way, by those for whose benefit it was 
stated in the petition to be, or wholly or partly by the 
town, if under an article in the warrant to that effect it 
votes to do so, at the meeting accepting such ^mvate way, 
or by cities, if it is proposed in the return laying out such 
way. Any person aggrieved by the estimate of damages, 
on a i?/etition to the commissioners, may have them as- 
sessed in the manner provided respecting highways. lb. 
§18. 

13. TVhen a way is legally discontinued, the public 

right of passage ceases, and the owner has his land again, 



126 



MAINE TOWNSMAN. 



free from tlie iacumbrance ; but if it is discontinued before 
it is opened, a person who sustains damage by sucb dis- 
continuance is entitled to recover such damage. 

14. The authority of towns extends only to town and 
private ways. 

15. The contractors with a town to make and open a 
county road, which is obligatory upon the town to build, 
are not restricted in reference to suitable means in which 
to effect their object, provided opportunity is given to 
the owner of land over which the road passes to take 
from it such things as he has a legal right to do. 36 
Maine, 551. 

16. An unrestricted vote to discontinue a town way 
takes effect from its passage. 37 Maine, 52. A town way 
which had its origin and continuance by virtue of a legal 
location, may be discontinued, although used for more 
than twenty years. lb. § 69. 



CHAPTER XXXVI. 

POWER OF COUNTY COMMISSIONERS RELATING TO TOWN 
WAYS. 



1. Municipal officers refusing to lay 
out town Avays, what. 

2 Towns refusing to accept or discon- 
tinue ways, what. 

3. Form of petition to c jmmissioners. 



4. Petition for increased damages. 

5. Ways, when not affected. 

6. Time tixed for discontinuance. 

7. Record location. 

8. Power of plantations. 



1. When the municipal officers unreasonably neglect or 
refuse to lay out or alter a town way, or a private way 
on petition of an inhabitant, or of an owner of Ian 1 
therein for a way leading from such land under improve- 
ment to a town or highway, the petitioner may, within 
one year thereafter, present a petition stating the facts to 
the commissioners of the county at a regular session, 
who are to give notice thereof to all interested and act 
thereon as is provided respecting highways. When their 
decision is returned and recorded, parties interested have 
the same right to appeal to the supreme judicial court, 
and also to have their damages estimated by a commit- 



POWER OF COUNTY COMMISSIOJ^^ERS. 127 

tee or jury as is provided respecting highways. R. S. c. 
18, § 23. 

2. When a town unreasonably refuses to discontinue a 
town or private way, or to accept one laid out or altered 
by the selectmen, the parties thereby aggrieved may, 
within the time, and in the manner stated in the preced- 
ing section, present a petition to the commissioners, who 
shall in like manner proceed and act thereon, and cause 
their proceedings to be recorded by their own and by the 
town clerk ; and the rights of all parties may be preserved 
and determined as provided in that section. lb. § 24. 

3. The form of petition to commissioners, when the 
town refuses to lay out a town way, may be as follows : 

To the honorable, the court of county commissioners 

for the county of , next to be holden in said county 

of -, at , on the day of , 18 — : Humbly 

shows that a town way from to , in such 

town, would be of great public convenience; that the 
selectmen of said town, after notice and hearing of the 
parties, have laid out such way, and reported the same to 
the town, at a public meeting of the inhabitants duly 
notified and warned; yet the town has unreasonably 
refused to allow and approve said town way laid out by 
the selectmen aforesaid, and to put the same on record; 
wherefore your petitioner, considering himself aggrieved 
by such delay and refusal, prays that your honors would, 
agreeably to law in such case made and provided, accept 
and approve said town way, and direct the same to be 
duly recorded. 

Dated at , a. d. 18—. W. M. 

4. When a petition for 'increase of damages on account 
of such ways, is presented to the county commissioners, 
they shall order notice to the town interested in such 
petition, and after bearing, return, and record of decision, 
like proceedings may be had, as provided in section eight. 

5. V\ hen a town way has been laid out or altered by 
the commissioners, their i^roceedings cannot be affected 



128 MAINE TOWNSMAN. 

by any action of the town within five years ; and when 
one has been discontinued by them, it cannot be again 
laid out by the town within two years. The commis- 
sioners haA^e the same power to alter or discontinue such 
ways for five years, as they have resj^ecting highways, 
lb. § 23. 

6. When a town or highway is not opened and made 
passable by the town hable, within the time i^rescribed 
therefor by the commissioners, they may, after notice to 
the town, cause it to be done by an agent, not one of 
themselves, on petition of those interested. The agent 
shall make a written contract therefor and file a copy of 
it in the clerk's ofiice ; and the commissioners shall forth- 
with certify to the assessors of the town interested, the 
time when such contract is to be completed, and the 
amount to be paid therefor. They may examine the 
doings of their agent, and at pleasure remove him and 
appoint another. His account is not to be allowed with- 
out notice first given to the town. When the contract 
has been completed and the accounts allowed, the town 
becomes liable to pay the amount expended, with the ex- 
penses of the agent for superintendence, and for procur- 
ing the allowance of his account. If the town n.oglects 
to pay for thirty days, a warrant of distress is to be issued 
by the commissioners to collect the same. lb. § 37. 

7. When a highway is laid out through a town and an 
agent appointed by the county commissioners to open 
and make it, and the record location thereof cannot be 
found on the face of the earth or consistently applied 
thereto, or said agent is not making said highway accord- 
ing to the record location, the municipal officers or town 
agent of said town, may file ,a bill in equity in the 
supreme judicial court in term time, or vacation, setting 
forth the facts aforesaid and praying an injunction to stay 
the proceedings of said agent; and any justice of said 
court shall issue a summary notice to said agent to 
appear before him to answer said petition ; and on hear- 
ing of the parties he may issue a temporary injunction 
upon such terms and conditions as he deems reasonable ; 
and the subsequent proceedings on the bill shall be simi- 
lar to proceedings in equity in other cases. lb. § 38. 

8. Plantations required to assess a State or county tax, 
have the like powers and are subject to the like liabilities 
and penalties as towns respecting ways. Their assessors 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS. 129 

have the like powers and are to perform the like du- 
ties, as municipal officers of towns, respecting them. lb. 

§3a 



CHAPTER XXXVII 



LIABILITY OF TOWNS TO REPAIR HIGHWAY. 



1. Ways to be kept open and in repair. 

2. Surveyors responsible for defects, 

when, 

5. Ways between two towns repaired. 
4. Same subject. 

6. Towns may raise money for repairs, 
€. Abatements of highway tax, 

7. Injuries by defects in ways. 



Not liable when load exceeds six 

tons. 
Fines for defects, how appropri- 
ated. 
Fines, how collected- 
Same subject. 



12. Legal decisions. 



1. Highways, town ways, and streets, legally estab- 
lished, are to be opened and kept in repair so that they 
are safe and convenient for travelei-s with horses, teams, 
and carriages. In default thereof, those liable may be 
indicted, convicted, and a reasonable fine imposed there- 
for. R. S. c. 18, § 52. 

2. When a fine is imposed, as provided in the above 
section, the surveyor, in whose district the way was, shall 
pay to the town the amount of such fine and costs ; or 
he, instead of the town, may be indicted, if the defect 
existed from his neglect to expend the money in his rate 
bill, or to give notice of any deficiency thereof to the 
municipal officers. lb. § 88. 

3. When a way is established on a line between towns, 
their municipal officers shall divide it crosswise, and as- 
sign to each town its proportion thereof by metes and 
bounds, which, within one year thereafter, being accepted 
by each town, at a legal meeting, shall render each town lia- 
ble in the same manner as if the way were wholly within 
the town; when a division of it is not so made, the select- 
men of either town may petition the county commission- 
ers, who are to give notice by causing a copy of such ap- 
plication, with their order thereon, appointing a time and 
place of hearing, to be served upon the clerk of each town 
for thirty days, or by causing it to be published in some 
ncAvspaper printed in the county for three weeks previous 
to the time a;ppointed ; and after hearing the parties, they 
may make such division, lb. § 56. 



130 MAINE TOWNSMAN. 

4. A highway may be laid out on the line between 
towns, part of its width being in each, and the commis- 
sioners may then make such division of it and enter the 
Fame of record, and each town shall be liable in all re- 
spects as if the way assigned to it were wholly in the 
town. lb. § 57. 

5. Towns may raise money for the repair of bridges 
and ways, and direct the same to be assessed and collected 
as other town taxes, to be exj^ended for the purpose by 
the selectmen or by road commissioners, as the town di- 
rects, lb. § 70. 

6. A town, at its annual meeting, may authorize its as- 
sessors to abate not exceeding three dollars of the high- 
way tax of any person, upon proof that he has owned and 
used on the ways during that year cart wheels having 
felloes not less than six inches wide. And they shall 
abate three dollars from such tax of any inhabitant, who 
shall construct, and during the year keep in repair, a 
watering-trough beside the highway, well supplied with 
w^ater, the surface of which shall be two and a half feet 
or more above the level of the ground, and easily accessi- 
ble for horses and carriages, if the assessors think such 
watering trough for the public convenience. If more 
than one person in a surveyor's district claims to furnish 
it, the municipal officers are to decide where it shall be 
located, lb. § 71. 

7. If any person receives any bodily injury, or suffers 
any damage in his property, through any defect or want 
of repair or sufficient niiling in any highway, town way, 
causeway, or bridge, lie may recover for the same in a 
special action on the case, to be conunenced within one 
year from the date of receiving such injury or suffering 
such damage, of the county, or town obliged by law to 
repair the same, if such county or town had twenty-four 
hours notice of the defect or want of repair. If the life 
of any person is lost through any such deficiency, his ex- 
ecutor or adminstrator may recover of the parties liable 
to keep the same in repair, in an action on the case 
brought for the benefit of the estate of the deceased, such 
sum as the jury may deem reasonable as damages, if the 
parties liable had the above notice of the deficiency 
which caused the loss of life. lb. § 81. 

8. No town is liable for such an injury when the weight 
of the load, exclusive of the carriage, exceeds six tons. 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS. 131 

Proof of its weight is to be made by the plaintiff. lb. 
§ 82. 

9. All fines imposed are appropriated to the repair of 
such ways. The court imposing them is to appoint one 
or more agents to superintend the collection and appli- 
cation of them. lb. § 89. 

10. When a fine is imposed on a town, the clerk of 
the court is to certify it forthwith to the assessors, who 
are to assess the amount thereof, as other town taxes, 
and certify the same to the clerk of the court, and cause 
the amount to be collected by their collector, who is to 
pay the same to such agent at such time as the court 
orders. If not paid by that time, the clerk, on applica- 
tion of such agent, is to issue a warrant for its collection, 
as the treasurer of State is authorized to do for the 
collection of a State tax. lb. § 90. 

11. If the assessors neglect to make such assessment 
and to certify it to the clerk, and the defective way is 
not repaired to the acceptance of such agent within four 
months after notice of the fine, the court may issue a 
warrant to collect of the town the fine and costs, or the 
unpaid part thereof. lb. § 91. 

Legal decisions touching the Liability of Towns. 

12. If a road or bridge is out of repair, travelers should 
be warned of their danger by a railing, or something else 
which may answer the purpose. This should be done by 
the surveyor, and the repairs made forthwith. 2 Fairf. 294. 

The town becomes answerable for an injury occasioned 
by the defect in any highway from the time it was opened 
opened for public travel. 13 Pick. 102. 

Notice to a town of the defect of any highway may be 
inferred from the notoriety of the defect, and its con- 
tinuance for any length of time. 13 Pick. 94. 

By " damage in his property," through a defect in a 
highway, within the meaning of the Revised Statutes, 
chapter twenty-five, section eighty-nine [section 7 of this 
chapter], is intended some injury to an article by which 
its value is destroyed or diminished. A mere loss of 
one's time, or an addition to his expenses, is not within 
the statute. 33 Maine, 271. 

Juries are not to infer a defect in a highway at a par- 
ticular time and place, merely from the fact that an injury 
was then and there sustained. lb. 460. 



132 MAINE TOWNSMAN. 

The statute imposes upon a town no liability for any 
defect or want of repair in its public roads, so long as 
they are kept in a condition safe and convenient for 
travel. 36 Maine, 393. 

If from an omission on the part of a town to keep in 
repair its culvert under a public road, an injury accrue to 
the neighboring land from the flowing back of the water, 
the remedy, if any, against the town, is only at the coiji- 
raon law. But when such back-flowing arises from an 
obstruction placed in the culvert by a mere lorong-doer, 
the town cannot be held liable for the injury. lb. 

Structures for the passage of travelers, erected over a 
railroad where it crosses a public highway, fall under the 
designation of bridges. For the want of proper repair of 
such bridges and their abutments, being a part of the 
highway which the tow7i is bound to maintain, the town 
is liable to indictment. 37 Maine, 451. 

For an injury received by a defect occasioned by 
freezing and thawing of the road, the town is liable to 
the party injured, if they have reasonable notice of such 
defect. lb. 250. 

Towns, in making necessary repairs on their streets 
and sidewalks, may interrupt public travel and obstruct 
them, without liability. But ways undergoing repair 
should not be left in the night time without precautionary 
means to give travelers warning. If such precautionary 
means are neglected, towns are liable. 38 Maine, 219. 

A town is not liable for injuries to property, by de- 
fective highways, unless the person in charge of the 
property exercised ordinary care. lb. 443. 

A traveler, with his horse and carriage, where the 
highway is unobstructed, without notice of a carriage 
behind him, may use any part of it wrought for public 
accommodation. 40 Maine, 64. 

For injuries to travelers occasioned by a necessary 
alteration of a highway, through want of sufficient notice 
of the change, the town is liable. lb. 96. 

When, by reason of snow-drifts, that part of the high- 
way prepared for travel becomes imj)assable, and a 
passage-way outside and over the gutter of the road is 
used, instead of the road, the town is liable for damages 
resulting from such use. If a thaw and rain occur prior 
to the accident, it is sufficient notice to the town that 
such way is unsafe. lb. 176. 



\ 



OBSTRUCTIONS IN HIGHWAYS. 133 

A town, having notice of a defect in a highway, is liable 
for injuries after it is constructed and opened for travelers, 
although the time in which it was allowed to build it 
after its acceptance had not elapsed. 89 Maine, 113. 



CHAPTER XXXVIII 



OBSTRUCTIONS IN HIGHWAYS. 



1. Fences across a road removed. 

2. All obstructions to be removed by 

surveyor. 

3. Person convicted of nuisance to pay. 



4. Pasturage on roads. 

5. Highways include bridges. 

6. Overflowing highway. 



1. Any person may take down and remove gates, bars, 
or fences, upon or across any public way, unless they are 
there to prevent the spread of infectious disease, or were 
placed there by license of the county commissioners or 
municipal officers of the town. To those granting such 
license, a person aggrieved by such removal may apply, 
and on proof that such erections were made by their li- 
cense, they may order them to be replaced by the person 
who removed them. R. S. c. 18, § 92. 

2. When logs, lumber, or other obstructions, without 
necessity are left on such ways, the surveyor, within whose 
district they are, or in his absence any other surveyor, 
may remove them ; and he shall not be liable for any loss 
or damage thereof, unless occasioned by design or gross 
negligence. When no person appears to pay thi expense 
and trouble of removal, he may sell at public auction so 
much thereof as will be sufficient for the purpose, with 
charges of sale, first posting notice of the time and place 
of sale in two public places in the town, seven days prior 
thereto. The person through whose neglect or willful 
default they were left, is liable to be prosecuted as for a 
nuisance. lb. § 93. 

3. When anything has been adjudged to be a nuisance, 
and to be abated, and the materials of which it is com- 
posed do not, on sale as aforesaid, produce sufficient to 
pay the charges of prosecution, removal, and sale, the 
court may order the deficiency to be raised by levy on 



134 



MAINE TOWNSMAN. 



the personal property of the person convicted of causing 
such nuisance. lb. § 94. 

(See Chapter XXXIX, upon the powers and duties of 
surveyors of highways, for additional information upon 
the subject of obstructions.) 

4. In a highway laid out through the lands of individ- 
uals the public has only a right of passage. No pereon 
has a right to pasture it, or to plow it, except for repairs, 
or to cut grass growing on it. 6 Pick. 57. 

5. " Highways " include bridges thereon. 

6. A town may recover for damage sustained by throw- 
ing back the water upon the banks of its public highway 
by means of a dam. 35 Maine, 247. 



CHAPTER XXXIX. 



SURVEYORS OF HIGHWAYS. 



1. Assignment of division and limits. 

2. Form of assignment. 

3. Form of appointment to fill va- 

cancy. 

4. Money raised for highways ; lists. 

5. Form of committing lists to sur- 

veyors. 

6. Surveyor's duties. 

7. Snow incumbrance, 

8. Same subject. 

9. Delinquents. 

10. Trees may be planted. 



11. Surveyor may remove obstacl®. 

12. Duties, &c. 

13. Water-courses not to injure. 

14. Injury by grading streets. 

15. Expending more than tax. 

16. Repairs of bridges and ways. 

17. Wide wheels and watering-tronghs. 

18. Ways opened, &c., by contract, 

19. Bills to be exhibited. 

20. Balances to be paid treasurer. 

21. Legal decisions. 



1. When the municipal officers are appointed survey- 
ors of highways by a town, they may in writing delegate 
their power, or part of it, to others. They shall annually, 
before the tenth day of May, make a wi-itten assignment 
of his division and limits to each suiweyor of highways, 
to be observed by him. R. S. c. 18, § 58. These divis- 
ions and limits should be assigned and recorded by the 
selectmen. The power of the surveyor does not result 
from this act of the selectmen. It merely constitutes him 
sole judge of the duty to be performed within his limits, 

2. The form of assignment of the surveyor's divisions 
and limits may be as foUows : 



To A. B., one of the surveyors of highways in the town 
of ; The division and limits of district No. 1, in the 



SURVEYORS OF HIGHWAYS. 135 

town of , which are to be kept in repair by you for 

the present year, are as follows, to wit : \liere insert the 
hounds 7^ 

Given under our hands, this day of , a. d. 18 — . 

A. B.) 
DA 



C. D. >- Selectmen of . 

E. F.) 

3. The form of appointment of surveyor to fill a va 
cancy may be as follows : 

To A. B., of the town of : Whereas a vacancy has 

occurred in district No. 1, in said town, of a surveyor of 
highways ; we, the selectmen of said town, agreeably to 
the authority vested in us by law, do hereby apj)oint you 
a surveyor of highways in said district No. 1, to fill the 
vacancy which has occurred therein; and you are to 
possess all the powers and execute all the duties apper- 
taining to said office. 

Given under our hands, this day of , a. d. 18 — . 

A.B.) 



C. D. >• Selectmen of . 

E. F.) 

4. Each town shall annually raise money to be ex- 
pended on the town and highways, to be assessed as other 
town charges. The assessors shall deliver to each sur- 
veyor, on or before the tenth day of May, a list of the 
persons and of the assessments on them to be exj^ended 
within his limits. Two-thirds thereof are to be so ex- 
pended before the first day of the next July. R. S. c. 18, 
§■59. 

6. The form of committing lists to surveyors of high- 
ways may be as follows : 

To A. B., one of the surveyors of highways of the town 

of : The following is the list of the persons, and of 

the sums against whose names they are set, at which they 
are severally assessed, to be expended in labor and mate- 
rials on the highways and bridges in said town, within 
the limits assigned you by the assessors of said town. 

You are to give reasonable notice in writing, if de- 
sired, to each person on your said list, resident in said 
town, of the sum he is assessed on the said list to the 



136 



MAINE TOWNSMAN. 



highways and town ways, and also forty-eight hours' no- 
tice of the times and places you shall appoint for provid- 
ing materials and laboring on the same, that each person 
may have opportunity to work thereon in person, or by 
substitute, or with his oxen, horses, cart, or plow, at the 
prices affixed by the town to such labor or materials, 
which are as follows, to wit : \_here state the prices voted 
by the tow7i]. And, in case of payment in money of any 
sum or sums thus assessed, the same you are to expend, 
according to your best discretion, in labor or materials 
for repairing the ways within your limits. You are to 
cause at least two-thirds of the sum committed to you on 
said list for making and repairing the ways, to be laid out 
and expended before the first day of July next, and the 

residue before the . 

You are to exhibit this rate bill to the selectmen of 
said town on the first Monday of July next, and also at 
the expiration of the term for which you have been ap- 
pointed, and at those times respectively render an account 
of all moneys that may have bee-n expended by you on 
the ways; and also, at the expiration of your term of 
office, you are to render to the assessors a list of such 
persons as have been deficient, on due notice, in working 
out or otherwise paying their highway tax. And, if any 
money shall remain unexpended in your hands after the 
expiration of your term of office, you are to pay the same 
to the treasurer of said town. 

Given under our hands, this • day of , 18 — . 

A. B. ) 

C. D, Y Assessors of . 

E. F.) 



HIGHWAY TAX. 



Names. 


Polls. 


Poll-tax. 


Real Estate. 


Personal. 


Total. 


A. B. 
CD. 


1 

1 


0.87 
87 


4.75 

2.90 


3.91 
1.10 


9.53 

4.78 



6. Surveyors shall give reasonable notice, and in writ- 
ing if required, to each person on his list resident in 
town, of the amount of his tax, and give forty-eight hours 
notice, extraordinary casualties excepted, of the times 
and places appointed for furnishing labor and materials 
at prices fixed by the town therefor, afibrding each an 



SURVEYORS OF HIGHWAYS. 137 

opportunity to work with his oxen, horses, cart, or plow, 
to the amount of his tax. The tax may be paid to the 
surveyor in money, who shall expend it faithfully for 
repairiii'^ the ways. R. S. c. 18, § 60. 

7. When such ways within his limits are blocked up 
or incumbered with snow, the surveyor shall forthwith 
cause so much of it to be removed or trodden down, as 
will render them j)assable. The town may direct the 
manner of doing it. In case of sudden injury to ways or 
bridges, he shall, without delay, cause them to be re- 
paired, lb. § 61. 

8. There shall be furnished and kept in repair in each 
surveyor's district, through which there is a mail route, 
some effectual apparatus for opening ways obstructed by 
snow, to be used to break and keep open the way to the 
width of ten feet, and the municipal officers of towns, 
or highway surveyors under their direction, may take 
down fences upon the line of public highway when they 
deem it necessary to prevent the drifting of snow therein ; 
but they shall in due season be replaced, in as good con- 
dition as when taken down, without exj^ense to the owner, 
lb. § 62. 

9. Each surveyor, at the expiration of his term, is to 
render to the assessors a list of such persons as have not 
worked out or paid their taxes. The assessors are to 
place the amounts due from each in distinct columns in 
their next assessment of town taxes on such delinquents, 
to be collected as other town taxes, and paid to the 
treasurer. lb. § 63. 

10. A sum not exceeding five per cent of the amount 
committed to him, may be expended by a surveyor, under 
the direction of the municipal officers, in planting trees 
about public burying-grounds, squares, and ways within 
his district, if the town by vote iiutliorizes it. lb. § 64. 

11. A surveyor within his district may remove any 
obstacle which does or is likely to obstruct a way or to 
render its passage dangerous. He may dig for stone, 
gravel, or other material, suitable for making or repairing 
ways in land not inclosed or planted, and remove the 
same on to the ways. If the land from which such 
materials were taken, is not within the limits of the way, 
the owner of it is to be paid therefor in money by the 
town, to be recovered, after demand and refusal by the 
surveyor, in an action as on an implied promise. lb. § 65. 



138 MAINE TOWNSMAN. 

12. Road commissioners and highway surveyors shall 
go over their highway districts, or cause it to be done, 
in the months of April, May, June, August, September, 
October, and November in each year, and remove the 
loose obstructions to the public travel, and repair such de- 
fects as may occur from time to time, rendering travel 
dangerous, or give notice of such defects to the municipal 
officers, under a penalty of five dollars for neglect of such 
duty, to be recovered by complaint, one-half to the use 
of the town, and one-half to the complainant. lb. § 66. 

13. No surveyor, without a written permission first 
obtained from the municipal officers, shall cause a water- 
course to be so conveyed by the side of a way as to 
incammode any person's house or other building, or to 
obstruct any person in the prosecution of his business. 
Any person so aggrieved may complain to the municipal 
officers, who shall view the water-course and may cause 
it to be altered as they direct. lb. § 67. 

14. When a way or street is raised or lowered by a 
surveyor or person duly authorized, to the injury of an 
owner of land adjoining, he may within a year apply in 
writing to the municipal officers, and they shall view such 
way or street, and assess the damages, if any occasioned 
thereby, to be paid by the town. lb. § 68. 

15. When the sum appropriated is not sufficient to 
repair the ways in a surveyor's district, he may, with the 
written consent of the selectmen, employ inhabitants of 
the town to labor for pay, not exceeding fifteen per cent 
of the amount committed to him. lb. § G9. 

16. Towns may raise money for the repair of bridges 
and ways, and direct the same to be assessed and col- 
lected as other town taxes, to be expended for the purpose 
by the selectmen or by road commissioners, as the town 
directs. lb. § 70. 

17. A town at its annual meeting may authorize its 
assessors to abate not exceeding three dollars of the high- 
way tax of any person, upon proof that he has owned 
and used on the ways during the year cart-wheels havhig 
f-^lloes not less than six inches Vide. And they shall 
abate three dollars from such tax of any inhabitant, who 
shall construct, and during the year keep in repair a water- 
ing-trough beside the highway, well supplied with water, 
the surface of which shall be two and a half feet or more 



SURVEYORS OF HIGHWAYS. 139 

above the level of the ground, and easily accessible for 
horses and carriages, if the assessors think such watering- 
trough for the public convenience. If more than one 
person in a surveyor's district claims to furnish it, the 
municipal officers are to decide where it shall be located, 
lb. § 71. 

18. Towns may authorize their surveyors or other per- 
sons to make contracts for opening or repairing their ways; 
and surveyors to collect taxes on their lists not paid within 
the time limited ; and their assessors shall, for that purpose, 
deliver to them warrants in substince like warrants for 
the collection of town taxes. Such warrants, with tlie 
lists, may be delivered to the collector, who shall collect 
as he does other town taxes, and pay them to the respect- 
ive surveyors, who shall account to the municipal officers 
for the expenditure thereof lb. § 72. 

19. Surveyors are to exhibit their rate bills to the mu- 
nicipal officers on the first Monday of July, and at the 
expiration of their t3rni^; and at those times, render an 
account of all money by them expended on the ways. 
Any one unreasonably neglecting to do so shall forfeit 
twenty dollars to the use of the town, to be recovered in 
an action of debt. lb. § 73. 

20. Money remaining in their hands, not expended at 
the expiration of their offices, is to be paid to the treasu- 
rer of the town. If not so paid, after demand, the same 
with the addition of twenty per cent may be recovered 
in an action for money had and received in the name and 
for the use of the town. lb. § 74. 

21. Legal decisions relative to the powers and duties of 
surveyors of highways. 

When any distress is made by a surveyor, he must make 
a return of his doings on the warrant, and this return 
should state the notice, as in the warrant, and all the facts, 
fully and exphcitly. 15 Maine, 248. 

A surveyor has no authority to repair a way at his own 
expense, and then to call upon the town for indemnity; 
and where a surveyor, before his limits were assigned, re- 
paired a way which did not come within his limits, he 
was without remedy. 4 Pick. 149. 

A surveyor may cut and remove trees growing in a 
highway, to repair the road, and if he convert the wood 
to his own use he will be a trespasser. 1 N". H. 16. 



140 MAINE TOWNSMAN. 

If tlie road in any district is out of repair, and the high- 
way tax is not sufficient to repair it, the surveyor should 
immediately notify the selectmen, who must cause the 
repairs to be made at the expense of the town. 

If the public safety and convenience require a leveling 
of the road, he shall not abuse liis authority, to injure 
property bordering on the road. 1 Pick. 428. 

A surveyor of highways, who, after expending the as- 
sessments committed to him for the repair of the road, 
and finding the same to be insufficient, is directed by the 
selectmen to proceed in the work, and thereupon expend 
a further sum, has no remedy against the town for remu- 
neration, unless such direction was in writing. 30 Maine, 
157. 



CHAPTER XL. 

ROAD COIVEVIISSIONERS. 

1. Towns may elect road comnais- I 3. Notifying non-residents and absen- 

sioners. tees 

2. Their powers, duty, and compeusa- I 4. Delinquent taxes. 

tion. 1 5. Discount for casli. 

1. Towns at their annual meetings may elect one, or 
not exceeding five, road commissioners, instead of sur- 
veyors. They are to be sworn; and vacancies may be 
filled at any legal town meeting. Except as otherwise 
provided by statute, they are to have the powers and be 
subject to the duties and penalties of surveyors. They 
may at any time assign the care and oversight of the 
ways to any of their number, and receive such compensa- 
tion as the town provides. R. S. c. 18, § 75. 

2. The assessors are to deliver to such commissioners a 
rate bill of all highway taxes assessed for the year, with 
an annexed statement of the prices fixed for labor and 
materials. The collection of any part of the taxes may 
be assigned by them to any of their number, who are to 
notify the persons taxed, and require of them the per- 
formance of like labor, in like manner as surveyors might. 
Their certificate to the assessors shall be evidence of 
notice, and of the neglect of any person who does not 
perform. lb. § 76. 



ROAB C0MMISSSI0NER3. 141 

3. These commissioners may give notice to non-resi- 
dents, and to persons absent from town, without leaving 
the name of an agent with the town clerk, or having any 
agent known to them, of the amount assessed to them, 
by posting advertisements thereof in two public places in 
the town. If no person appears and pays within twenty 
days thereafter, the commissioners may make return of 
such notice and neglect, as provided in the preceding 
section. lb. § 77. 

4. The taxes of such delinquents may be collected as 
other town taxes, by the collector, one of the commis- 
sioners, or ' by a person designated by them to the 
assessors. Such collector or person is to be sworn and 
give bond approved by the commissioners for the faith- 
ful discharge of his duties. The assessors are to commit 
lists of such taxes to him, with their warrants for collec- 
tion. He is clothed with the same powers as collectors 
of town taxes, and is to render his account, and make 
payment of the amount collected to the commissioners 
until the next annual meeting, and after that to the 
treasurer of the town, who is to have the like powers 
and be subject to the like obligations, to compel such 
account and payment as he has in regard to collectors of 
town taxes. lb. § 78. 

5. Towns may at their annual meeting authorize road 
commissioners to receive money in payment, and allow 
therefor, when paid before certified as delinquent, such 
discount from the taxes as the town may determine. 
When more than one commissioner is chosen, the mu- 
nicipal officers are to name one of them to be chairman, 
who is to keep the rate bills, a record of money received 
and paid, and hold the money subject to payment, as the 
commissioners order. He is to give bond with sureties 
to the town for the faithful performance of his duties, to 
be approved by the municipal officers. When only one 
is chosen, he is to give bond in like manner, and be 
responsible for the performance of all duties pertaining to 
the office. lb. §79. 



142 MAINE TOWNSMAN. 



CHAPTER XLI. 

GUIDE-POSTS. 

Guide-posts; duty of municipal of- I 2. Guide-posts, how and where erected 
ficers. I 

1. Towns shall erect and maintain at all crossings of 
highways, and where one public highway enters another, 
substantial guide-posts not less than eight feet high, and 
have fastened to the upper end of each a board, on which 
shall be plainly printed, in black letters on white ground, 
the name of the next town on the route, and of such other 
place as the municipal officers direct, with the number of 
miles thereto, and the figure of a hand with the fore- 
finger pointed thereto ; and for any neglect herein, towns 
shall be subject to indictment, and fine not exceeding 
fifty dollars. R. S. c. 18, § 96. 

2. If the municipal officers of any town unreasonably 
neglect to cause a guide-post to be erected in their town 
as provided by law, they shall forfeit and pay five dollars 
for each month's neglect, to be recovered in an action of 
the case by and to the use of any person suing therefor. 
Plantations assessed in State or county taxes, and their 
officers, are under the same obligations and subject to the 
same penalties in these respects as towns. lb. § 97. 



LAW OF THE ROAD. 



143 



CHAPTER XLII. 



LAW OF THE ROAD. 



L Definition of words "way" and 
"team " wben used. 

2. Teams, to turn to the right ; una- 

ble, to stop. 

3. "When stationary, or traveling 

slowly, allow others to pass. 

4. Not to stand ou way to obstruct it, 

nor be without a driver. 

5. Bells on horses drawing runners. 

6. Damages to injured party, penalty. 

7. Teamsto walk, on bridges. Boards 

forbidding fast driving on bridges 
to be exposed. 

8. Penalty for fast driving. 

9. Driver" of team of passengers not 

to leave it without charge or fas- 
tening. Punishment therefor. 



10. Certain teams to have wide-rimmed 

wheels on certain roads. Penal- 
ty for violation. Team may be 
seized and detained. 

11. Law applies to streets. 

12. Traveled part of road. 
1-3. Traveling on left side. 

14. Father may sue for damages to 

child. 

15. Wheu cannot turn to right. 

16. Liability of persons driving fast. 

17. Notice to town of defects. 

18. Railroad crossings. 

19. Right to pass over adjoining lots. 

20. Indictable without notico. 

21. Travelers may use any part of the 

road. 



1. As used in this chapter the word "way" inchides 
all kinds of public ways. And the word "team" all 
kinds of conveyances on such ways for persons and for 
property. R. S. c. 19, § 1. 

2. When persons traveling with a team are approach- 
ing to meet on a way, they are seasonably to turn to the 
right of the middle of the traveled part of it, so far that 
they can pass each other without interference. When it 
is not safe, or is difficult on account of weight of load to 
do so, a person about to be met or overtaken, if requested, 
is to stop a reasonable time, at a convenient place, to ena- 
ble the other to pass. lb. § 2. 

3. When a person with a team is stationary, or travel- 
ing slowly on a way at a place unsafe or inconvenient for 
passing him with a team, he is, if requested, to drive to 
the right or left, or to stop a reasonable time at a con- 
venient place, to allow the other to pass. lb. § 3. 

4. No person is to leave his team stationary on a way 
so as to obstruct the free passage of other teams ; or is to 
allow his team to be on a way without a driver. lb. § 4. 

5. Three or more bells are to be fastened to one of the 
foremost horses drawing teams on snow without wheels. 
lb. § 5. 

6. Any person injured by a violation of any provision 
of the previous sections, may recover damages in an action 
on the case, commenced Avithin one year. Any person 



144 



MAINE TOWNSMAN. 



found guilty of such a violation forfeits not less than one, 
nor more than twenty dollars, to be recovered on com- 
plaint made to a trial justice within sixty days. lb. § 6. 

7. 1^0 team is joermitted to travel faster than a walk 
on a bridge erected wholly or partly by the State, nor on 
any bridge covered with plank and fifty feet long com- 
posing part of a Avay, nor on any bridge owned by a 
corporation, if a board with the words " three dollars fine 
for riding or driving on this bridge faster than a walk," 
legibly painted in black letters on a white ground, is kept 
exposed in some conspicuous place at each end thereof, 
lb. §7. 

8. For a willful violation of the provisions of the pre- 
ceding section, a person forfeits three dollars to be 
recovered on complaint to the use of the owners of the 
bridge, or the town required to keep it in repair, with the 
costs of prosecution; but no person passing after sunset 
and before sunrise is liable to such forfeiture withoulk 
proof that he previously had knowledge of such prohibi- 
tion, lb. § 8. 

9. The driver of a team having passengers therein 
conveyed for hire, who leaves it without any person in 
charge of it and without fastening it securely, may be 
punished by fine not exceeding thirty dollars or by im- 
l^risonment not exceeding one month. lb. § 9. 

10. Teams with wheels, if drawn by more than two 
horses, oxen or mules, must have the rims of their wheels 
at least four inches wide, and if drawn by more than 
four horses, oxen or mules, at least five inches wide, 
when traveling on the road from Jackson Brook, 
in Washington county, to Forest City; and no team 
drawn by more than six horses, oxen or mules, shall 
travel thereon. These provisions are not applicable to 
stage or pleasure carriages, or to these owned by the 
State or the United States, or to any cart or wagon 
owned by settlers in the vicinity and used for firming 
purposes. The owner or driver of a team violating this 
provision forfeits twenty dollars, and one dollar more for 
each mile of road passed, to be recovered by complaint 
before a trial justice in the county where the ofiense was 
committed; and on a libel or complaint he may issue his 



LAW OF THE ROAD. 145 

warrant to seize and detain such team to respond such 
fine and costs. lb. § 10. 

11. The law of the road applies to streets of cities and 

populous villages. 

12. By the "traveled part of the road" is intended 
that part of the road which is usually used for traveling. 
4 Pick. 126. 

13. If a man travel on the left side of the road, he 
must not interfere with any person lawfully passing on 
that side ; if he does, he is answerable for damages. 2 
Fairf. 339. 

14. The father of a minor daughter may maintain an 
action against a person, for loss of her services, by an 
injury in being thrown from a vehicle while traveling on 
the road, in consequence of a collision with the defend- 
ant's team, occasioned by his carelessness. 25 Miine, 39. 

15. When it is not practicable for a person, mseting 
another with a team on the road, to turn to the right of 
the middle of the road, he should stop a reasonable time, 
at a convenient part of the road, to en ible the other 
person to pass, and without any request from him. lb. 

16. Driving at a " fxster rate than six miles an hour " 
does not necessarily prevent recovery for an injury by a 
defective way. 58 lb. 199. 

17. There is no rule of law prescribing for what length 
of time a defect in a way must remain to constitute 
« notice " to the town. 57 lb. 181. 

18. If a highway at a railroad crossing is defective, 
the town is not excused because it was the duty of the 
railroad company to remove it. 51 lb. 313. 

19. If a road is impassable, the traveler may lawfully 
pass over the adjoining land, especially if the owner has 
obstructed the way. 53 lb. 160. 

20. It seems, that towns may be indicted for unsafe 
ways, without proof of notice of the defect. 51 lb. 532. 

21. A traveler has a right to the use of any part of the 
road, and is not liable to a person behind him on the 
right side of the road, who comes into collision with him, 
without due notice. 40 lb. 64. 

10 



146 



MAINE TOWNSMAN. 



CHAPTER XLIII 



RAELROADS AND STEAMBOATS. 



1. Lands may be taken for railroads. 

2. Commissioners to decide disputes. 

3. Location to be filed and recorded. 

4. Laud not used till damages paid or 

secured. 

5. Bell or whistle. 

6. Gates at crossings. 

7. Fences. 

8. One brakeman to every two cars. 

9. Accidents on road. 

10. Persons not to walk on road. 

11. Same subject. 

12. Same subject. 

13. Highways, how to be passed. 



14. Passengers' baggage. 

15. Same subject. 

16. Towns may aid in construction. 

17. Towns owning stock may vote at 

meetings. 

18. Towns must raise three per cent 

by tax. 

19. How meetings shall be called. 

20. AVhat applicable to steamers. 

21. Recording assent of mayor and al- 

dermen to crossing. 

22. Railroad liable when construction 

done by contract. 



1. A railroad corporation, for the location, construction, 
and convenient use of its road, for necessary tracks, side- 
tracks, depots, wood-sheds, repair-shops, and car, engine, 
and freight houses, may purchase or take and hold, as for 
public uses, land and all materials in and upon it. R. S. 
c. 61, § 16. But the land so taken shall not exceed four 
rods in width for the main track of the road unless nec- 
essary for excavation, embankment or materials. lb. § 14. 
But shall not take, without consent of the owners, meet- 
ing-houses, dwelling-houses, or public or private burying- 
gi-ounds. lb. § 17. The guardian of a person incapable 
of giving a valid conveyance, whose land is taken, may 
settle and give a valid release for damages ; and persons 
having any interest in such land have the rights and rem- 
edies of owners to the extent of their interest. lb. § 19. 

2. If the parties do not agree as to the necessity and 
extent of the real estate to be taken for said side-tracks 
and buildings, the corporation may make written applica- 
tion to the railroad commissioners, describing the estate, 
and naming the persons interested; the commissioners 
shall thereupon appoint a time for the hearing near the 
premises, require notice to be given to the persons inter- 
ested as they direct, fourteen days at least before said 
time; and shall then view the premises, hear the parties, 
an 1 determine how much, if any, of such real estate is 
n33es3iry fjr the reasonable accommolation of the traffic 
and appropriate business of the corporation. If tliey find 
that any of it is so necessary, they shall furnish the cor- 



RAILROADS AND STEAMBOATS. 147 

poration with a certificate containing a definite description 
thereof; and when it is filed with the clerk of the court 
in the county where the land lies, it shall be deemed and 
treated as taken. lb. § 16. 

3. The railroad is to be located within the time and 
substantially according to the description in the charter; 
and the location is to be filed with the county commis- 
sioners, approved by them, and recorded. When a cor- 
poration, by its first location, fails to acquire the land 
actually embraced in its road-way, it may at any time 
correct and perfect its location, and file a new description 
thereof. lb. § 15. 

4. The land taken is not to be entered upon, except to 
make surveys, before the location has been filed, and the 
damages estimated and secured. lb. § 17. 

5. A bell of the weight of thirty-five pounds or more 
shall be placed on each engine used on a railroad, and 
rung at the distance of eighty-five rods or more from the 
crossing of a way on the same level or running contig- 
uous thereto, and kept ringing until the engine has 
passed the same ; and a steam whistle, or, in cities and 
villages, a bell, shall be sounded as a warning at a dis- 
tance of a hundred rods ; and boards, with the words, 
railroad crossing, distinctly painted thereon, on each side, 
in letters plainly legible, are to be placed on the side of 
a way where it is crossed by a railroad, on a post or 
other structure, in such position as to be easily seen by 
persons passing upon such way. lb. § 33. 

6. When the municipal officers of a town deem it 
necessary for public safety, that gates should be erected 
across a railroad, where it crosses a way, and that a 
person should be appointed to open and close them, they 
may in writing request it to be done, and in case of 
neglect or refusal, they may apply to the commissioners 
to decide upon its reasonableness, who, after notice and 
hearing, are to decide. When they decide that such a 
request is reasonable, the corporation is to comply with 
it and pay the coats. When they decide otherwise, the 
costs are to be paid by the applicants. lb. § 34. 

7. Legal and sufiicient fences are to be made on each 
side of land taken for a railroad, where it passes through 
inclosed or imjDroved land, or wood-lots belonging to a 
farm, before a construction of the road is commenced, 
and they are to be maintained and kept in good repair by 
the corporation. lb. § 36. 



148 MAINE TOWNSMAN-. 

8. No train of cars, moved by the power of steam, is 
to be run without one trusty and skilful brakeman to 
every two cars. lb. § 61. 

9. When an accident occurs on a road, resultmg m the 
death of a person, the corporation using it is to give 
immediate notice thereof to the county attorney, who is 
to call upon a coroner, residing near the place of the 
accident, to hold an inquest upon the bodies of those 
whose deaths were so occasioned. If the county attor- 
ney does not reside within ten miles of that place, some 
justice of the peace, residing in the county, is to be 
called upon to notify a coroner to hold such inquest, 
before notice is given to the attorney to be present at it. 
lb. § 65. 

10. No railroad corporation is liable to a fine for the 
loss of life of a person walking or being on its road con- 
trary to law, or to its valid rules and regulations. lb. § 69. 

11. A person, without right, standing or walking on a 
railroad track or bridge, or passing such bridge in any 
manner other than by railroad conveyance, forfeits not 
less than five, nor more than twenty dollars. lb. § 70. 

12. A printed copy of the preceding section is to be 
kept posted in a conspicuous place in every passenger 
depot of a railroad ; for neglect of it the corporation for- 
feits not exceeding one hundred dollars for every offense, 
lb. § 71. ^ 

13. N"o engine or train is to be run across a highway 
near the compact part of a town at a greater speed than 
six miles an hour. Nor is any way to be unreasonably 
and negligently obstructed by engines, tenders, or cars. 
The corporation forfeits not exceeding one hundred dol- 
lars for every such offense. lb. § 75. 

14. Articles, remaining unclaimed for six months after 
being advertised, are to be examined by the municipal 
officers of the town where the articles are, on notice 
given, and they are to cause them to be sold at auction, 
or to be advertised again as before. lb. § 44. 

15. After deducting from the proceeds of sale the ex- 
penses due to the corporation, and the costs of advertis- 
ing, examination, and sale, any balance is to be paid to the 
treasurer of State for its use. lb. § 45. 

16. Any city or town, by a two-thirds vote, at any 
legal meeting called for the purpose, may raise by tax or 



RAILROADS AND STEAMBOATS. 149 

loan, from time to time or all at once, a sum of money 
not exceeding in all five per cent on its regular valuation 
for the time being, and appropriate it to aid in the con- 
struction of railroads in such manner as they deem proper; 
and for such purpose may make contracts with any person 
or railroad corporation. lb. § 135. 

17. When a city or town holds stock in a railroad, the 
municipal officers thereof, or an agent appointed by them 
in writing, may vote thereon at any meeting of the cor- 
poration, lb. § 139. 

18. A city or town raising money by loan as aforesaid, 
shall raise and pay, besides the interest, each year after 
the third, not less than three per cent of the principal, 
unless it is satisfactorily provided for in some other way. 
lb. § 136. 

19. Meetings for the purposes aforesaid in cities, shall 
be called by the municipal officers, on the order of the 
common council, as meetings for the election of city offi- 
cers are called ; and said common council shall set forth 
in their order the substance of the proposition to be in- 
serted in the warrant. At such meetings, the legal voters 
shall vote in wards by ballot, those in favor of the propo- 
sition in the warrant voting "yes," and those opposed, 
voting "no;" the ballots cast shall be sorted, counted, and 
declared in open ward meeting and recorded; and the 
clerks shall make returns thereof to the municipal officers, 
who shall examine such returns ; and if two-thirds of the 
ballots cast are in favor of the proposition, said officers 
shall forthwith proceed to carry the same into effect. lb. 
§ 137. 

20. The effects left by passengers in steamboats are to 
be advertised as provided above. lb. c. 52, § .7. 

21. The provision requiring the written assent of the 
mayor and aldermen to the crossing a street by a railroad 
to be recorded, is only directory, and not a condition 
precedent. 45 Maine, 560. 

22. A railroad cannot by any stipulations with contract- 
ors relieve itself from its obligations to protect the public 
from damage done in obstructing highways. 49 lb. 119. 



150 



MAINE TOWNSMAN, 



CHAPTER XLIV. 



TOLL-BRIDGES. 



1. Military companies may pass over 

toll-bridges free; also others going 
to or returning from funeral, or 
worship on sabbath. 

2. Persons exempted to give toll-gath- 

erer name and place of abode, on 
request. Forfeiture for refusal, 
or giving false information. 

3. Restrictions on weight of teams 

and droves of cattle and horses. 

4. Penalty for delaying passengers. 

5. Two persons only and children to 

pass in a carriage toll free. 



6. Penalty for injuring toll-gates or at- 

tempting to pass without paying 
toll. 

7. Covered toll-bridges to be lighted. 

Penalty for neglect. 

8. Surrender of toll-bridges to county 

may be accepted by county com- 
missioners. Party aggrieved may 
appeal. 

9. Owners of toll-ferries and bridges 

may take land for a toll-house. 



1. All military companies, with their ordnance and 
equipage, on days of training or review, while under arms, 
or in going to or returning from their place of parade, and 
all persons going to or from any funeral, or public worship 
on the sabbath, may j^ass over any toll-bridge free of toll. 
R. S. c. 50, § 1. 

2. Every traveler, claiming to pass any toll-bridge free, 
shall communicate to the toll-gatherer his name and place 
of abode, if required. Whoever refuses or omits so to do, 
or willfully renders a false answer, and thereby evades 
the payment of his legal toll, shall forfeit to the use of 
the proprietors ten dollars to be recovered in an action 
of debt. lb. § 2. 

3. If any person driving neat cattle or horses over any 
toll-bridge more than fifty feet in length from one abut- 
ment, pier, or tressel part to another, without the consent 
of the toll-gatherer, or agent of the corporation owning 
it, permits more than twenty neat cattle or horses to be 
on such bridge at the same time, or drives or transports 
over it any loaded cart, wagon, or other carriage, the 
weight whereof exceeds forty-five hundred pounds, ex- 
clusive of the team and carriage, and thereby breaks it 
down or injures it, neither he nor the owner of any proj)- 
erty under his charge shall recover any damages against 
such corporation for his loss or injury. lb. § 3. 

4. If a bridge corporation, or its agent, unreasonably 
delays or hinders any person driving any cart, Avagon, 
sleigh, or other carriage, from passing any toll-gate, the 



TOLL-BRIDGES. 151 

corporation shall forfeit to such person not less than two, 
nor more than twenty dollars ; to be recovered by an ac- 
tion on the case. lb. § 4. 

5. No more than two persons, and children with them 
not received for the purjDose of evading the payment of 
toll, shall have a right to pass any toll-bridge in any car- 
riage free of the toll payable by foot passengers in addi- 
tion to the toll due on the carriage. lb. § 5. 

6. If any person maliciously breaks down or otherwise 
destroys or injures any toll-gate, or toll-bridge, or passes 
or attempts to pass such gate with intent to avoid the 
payment of toll, when liable thereto, and it is demanded, 
he shall forfeit not less than five, nor more than fifty dol- 
lars to the use of the proprietors of the bridge, in addition 
to any actual damage caused by him ; but no process shall 
be maintained to recover such penalty, unless the corpora- 
tion has complied with the requirements of its charter, 
and the bridge is in repair, as public safety and interest 
require. lb. § 6. 

7. Every toll-bridge, if in whole or in part covered, 
shall be suitably lighted with not less than one sufficient 
light for every seventy-five feet thereof in length which 
is covered, commencing within twenty minutes after sun- 
set, and continuing until ten o'clock in each evening; ex- 
cept at the seasons of the year, if any, when toll is not 
demanded ; and for each evening's neglect or refusal to 
do so, the corporation shall forfeit two dollars, to be re- 
covered by an action of debt, in the county where any 
part of the bridge is situated, to the use of the person 
suing therefor ; and shall also be liable, in a special action 
for damages, to any person injured thereby. lb. § 7. 

8. When a toll-bridge corporation ofiers to the county 
commissioners of the county or counties where it is estab- 
lished, to surrender its bridge fi-ee of cost or incumbrance, 
and they think it for the public interest and convenience, 
they shall accept it, and it shall thereafter be the property 
of such county or counties, and be maintained at their 
expense ; but they shall not so accept a bridge connecting 
with a way not located and accepted by the town or 
county where it is situated. Any party aggrieved by the 
doings of the commissioners, as aforesaid, may have a 
committee or juiy to determine the matter as provided in 
chapter eighteen. lb. §9. 

9. Towns, corporations, and individuals, owning ferries 



152 



MAINE TOWNSMAN. 



and bridges authorized to receive toll, may take and tise 
land within the limits of the highway for erecting and 
maintaining toll-houses, but not to obstruct the public 
travel. lb. § 10. 



1 



CHAPTER XLV. 



FERRIES. 



1. County commissioners; license fer- 

ries, establish tolls, take bonds. 

2. May establish them to be support- 

ed by tOAvns, penalty for neglect. 

3. Penalty for neglect to keep safe 

boat, and to give prompt attend- 
ance. 

4. Person injured by neglect or de- 

fault of ferry-man, may sue on 
his bond. 

5. No ferry to be established within 

one mile of a steam or horse ferry. 

6. Penalty for keeping a ferry, or 

transporting, contrary to law. 



7. Ice to be leveled and way kept in 

repair in winter. 

8. Penalty for neglect of it, liability 

for injuries. 

9. Licensed ferry-men not to use 

steafm or horse-boats. 

10. At steam and horse ferries other 

boats may be used in time of 
danger. 

11. Obstructions of ferry ways pro- 

hibited; penalty. 

12. Piers may be sunk at ferries to 

guide boats. 

13. Jurisdiction of Somerset county 

commissioners. 



1. County commissioners may license persons to keep 
ferries at such places and for such times, as are necessary, 
except where they are otherwise legally established; 
may establish tolls for the passage of persons and prop- 
erty; revoke such licenses at pleasure; and shall take 
from the person licensed a bond to the treasurer of State, 
with sureties, for the faithful performance of his duties. 
Whenever said commissioners remove a ferryman, they 
shall apju-aise the boat and other personal property used 
in running the ferry, at its fair value, and the person 
appointed shall purchase the same at said appraisal, if 
the person removed assents thereto. R. S. c. 20, § 1. 

2. They may establish ferries at such times and places 
as are necessary, and fix their tolls. When no person is 
found to keep them therefor, the towns in which they are 
established are to provide a person to be licensed to keep 
them, and are to pay the expenses, beyond the amount of 
tolls received, for maintaining them. When established 
between towns, they are to be maintained by them in 
such proportions as the commissioners order. For each 
month's neglect to maintain such ferry or its proportion 
thereof, a town forfeits forty dollars. lb. § 2, 



FERRIES. 153 

3. Every keeper of a ferry is to keep a suitable and 
safe boat, or boats, for use on the waters to be passed, 
and give prompt attendance for passage, according to the 
regulations established for the ferry. For neglecting to 
keep such boat, he forfeits twenty dollars, and. for neglect 
of attendance, one dollar, to him who sues therefor in an 
action of debt; and is liable in an action on the case to 
tlie i^arty injured for his damages. lb. § 3. 

4. Any one injured in his person or property by the 
uegligence or default of a ferryman may commence a suit 
on his bond, in which the proceedings are to be similar 
to those in actions on the bonds of sherifis. lb. § 4. 

5. When a ferry is established by the legislature to be 
passed by a steam or horse-boat, no other ferry can be 
established on the same river within one mile above or 
below it. lb. § 5. 

6. A person; who keeps a ferry contrary to the provis- 
ions of sections one and two, or without authority trans- 
ports passengers or property across any licensed or 
established ferry for hire, or furnishes for hire a boat or 
other craft for such purpose, forfeits four dollars for each 
day such ferry is kept, or for each time of transportation, 
and is also liable to the party injured and keeping the 
ferry at or near the place, for damages sustained by him 
in an action on the case. lb. § 6. 

7. When tidal water, over which ferries are estab- 
lished, become so frozen that travelers may pass on the 
ice, the keepers of them are to level the ice and clear 
and repair the passage-way from day to day, so that the 
same may at all times be safe and convenient for travelers 
with teams, sleds, and sleighs. Such way for passage 
may be made from a public landing sufficiently near to 
be connected with the opposite ferry landing. The 
commissioners are to fix a reasonable compensation there- 
for, to be paid from the county treasury. Or they may 
contract with another person to perform such duties, and 
give notice thereof to the keeper of the ferry before the 
river is closed ; and during the continuance of such con- 
tract the liabilities of the keeper are transferred to the 
person contracting. lb. § 7. 

8. The ferryman, or person so contracting, forfeits ten 
dollars for each day's neglect to perform such duty, and 
is liable, in an action on the case, to pay damages to any 
person injured thereby. lb. § 8. 



154 . MAINE TOWNSMAN. 

9. A licensed ferryman, who uses at his ferry a boat 
propelled by steam or horse power, forfeits his license, 
and is liable to pay the damages occasioned thereby to 
any person or corporation. lb. § 9. 

10. Persons required to use, at a ferry, steam or horse 
boats, when the passage by them is dangerous, may use 
other safe boats. lb. § 10. 

11. Any person, who places a weir or other obstacle, 
or without necessity, anchors or places a raft, vessel or 
water craft, so as to obstruct the ordinary passage-way 
of any boat at a ferry licensed and established, forfeits 
twenty dollars to the use of the proprietor of the ferry, 
to be recovered in an action on the case; unless such 
obstruction was inadvertently made, and removed within 
thirty minutes, if practicable, after notice given of its 
improper position, or unless it was occasioned by hauling 
into a wharf, pier, landing, or dock, without any unreason- 
able delay or willful misconduct. lb. § 11. 

12. The proprietors of a ferry, to guide their boats, may 
sink piers above and below and near their ferry ways, on 
each side of the river, not more than twelve feet in length 
or breadth, and not so sunk as to injure any wharf or 
landing, where vessels had previously taken or discharged 
freights. lb. § 12. 

13. The commissioners of the county of Somerset have 
exclusive jurisdiction in all matters relating to ferries be- 
tween the counties of Somerset and Kennebec. lb. § 13. 



1 



AQUEDUCTS. 155 

CHAPTER XLVI. 

AQUEDUCTS. 



1. Meeting of proprietors for incorpo- 

ration ; forms of application and 
warrant. 

2. Declared a corporation. 

3. Mode of calling meetings; clerk to 

be chosen. 

4. Registry of shares and transfers. 

5. Directors and other officers; presi- 

dent to be chosen. 



6. Assessments, and collections there- 

of. 

7. Penalties for breach of by-laws. 
8 Manner of voting. 

9. Corporation may hold real estate, , 

10. May dig up highways or streets, by 

permission. 

11. Penalty for injuring an aqueduct. 

12. Towns may draw water in case of 



1. Any persons, associated by agreement in writing as 
proprietors of an aqueduct, for the purpose of conveying 
fresh water into or within any town, or of any funds for 
estabhshing such aqueduct, may apply, in writing, to some 
justice of the peace for the county in which any portion 
of the aqueduct is situated, or proj^osed to be made, stat- 
ing the name and style of their association, and the ob- 
jects of their proposed meeting, and requesting such 
justice to issue his warrant to some one of the persons 
applying, directing him to call such meeting ; and such 
justice may thereupon issue his warrant, stating therein 
the time, place, and object of such meeting ; and the pro- 
prietor, to whom the warrant is directed, shall notify such 
meeting, by posting up the substance of the warrant, with 
his notice annexed thereto, seven days at least before the 
meeting, in some public place in every town in which any 
portion of the aqueduct is, or is proposed to be made. 
R. S. c. 54, § 1. 

The form of application to a justice may be as follows : 

To C. E., Esquire, one of the justices of the peace, within 
and for the county of Cumberland, State of Maine : 
The subscribers, associated by agreement in writing, as 

proprietors of [or of funds for establishing'] an 

aqueduct, under the name and style of , request you 

to issue a warrant to one of the said proprietors, hereby 
applying to you, directing him to call a meeting of said 

proprietors, to be held at , in , on the day 

of , 18 — , at o'clock in the noon, lor the 

following objects, to wit: \_Here state the purpose of the 
meetingX A. B. 

CD. 



156 MAINE TOWNSMAN. 

The form of warrant by the justice may be as follows: 

STATE OF MAINE. 

ss. To A. B., of , in said county, one of the 

proprietors of the aqueduct association : 

Whereas A. B. and C. D., associated by agreement, in 
writing, as proprietors of an aqueduct under the name 

and style of the Aqueduct Association, have applied 

to me, C. E., Enquire, one of the justices of the peace 
within and for said county, requesting me to issue a war- 
rant to you, being one of said applicants, directing you to 
call a meeting of said proprietors, according to law, to be 

held at , in , on the day of — next, 18 — , 

at o'clock in the noon, for the purpose — \Jtere 

state U^. You are hereby required to notify the proprie- 
tors aforesaid to meet at the time and place, and for the 
purpose aforesaid. 

Dated at aforesaid, the — — day of •, a. d. 18 — ■. 

C. E., J'astlcs of the Peace. 

Notification. Pursuant to the foregoing warrant, to me 
directed, I do h3r3by notify the proprietors aforesaid to 
meet at the time and place, and for the purpose aforesaid. 

Dated at , this day of , 18 — . 

A.B. 

2. The proprietors aforesaid, duly assembled pursuant 
to such warrant, and their successors, shall be a corpora- 
tion, by the name and style mentioned in their application, 
lb. § 2. 

3. They may at any legal meeting agree upon the 
method of calling future meetings of the corporation, and 
choose a clerk, who shall be duly sworn, and fairly and 
truly record, in books to be provided and kept by him for 
that purpose, all by-laws, votes, and other proceedings -of 
such corporation. lb. § 2. 

4. At or immediately after the first meeting, the clerk 
shall enter, in the books aforesaid, the names of the several 
proprietors, and the shares owned by each; and the subse- 
quent transfer of shares shall be entered by him in said 
books, within three months after it is made, in such form, 
and for such fees, as the directors order ; and no person 
shall be deemed a proprietor, whose share or interest is not 
so entered. lb. § 4. 



AQUEDUCTS. 157 

5. The proprietors may choose any number of directors 
and other officers to manage the business of said corpora^ 
tion ; and the directors shall choose one of their number 
president. lb. §§ 2, 3. 

6. The directors may make such assessments on the pro- 
prietors of the shares in such aqueduct or funds as they 
find necessary ; and if a proprietor fails to pay such as- 
sessment for thirty days after notice thereof, they may 
maintain an action on the case in their corporate name to 
recover the amount thereof, or may sell, by public auction, 
so many of his shares as will be sufficient to pay the same, 
•vdth necessary charges ; the sale of such shares shall be 
first notified, by advertising in some newspaper printed in 
the county three weeks successively, or by posting up no- 
tifications thereof, twenty days at least before the sale, in 
some public places in each of the towns wherein such 
aqueduct is, or is proposed to be made ; and the surplus 
moneys, if any, arising from such sale, shall be paid to the 
owner of the share so sold. lb. § 3. 

7. Such corporation may impose penalties for the breach 
of any of their reasonable by-1 iws, not exceeding thirty 
d ollars for each offisnse. lb. § 5. 

8. At any meeting, the proprietors shall be entitled to 
one vote for each share by them held, and may vote by 
proxy. lb. § 5. 

9. Such corporation may purchase and hold any real 
estate necessary for the purpose of their association, not 
exceelinoj thirty thousand dollars in value. lb. § 5. 

10. With the written consent of the municipal officers 
of the town, they may dig up and open any street or way 
for the purpose of placing pipes necessary in constructing 
such aqueduct, or for repairing or extending it, if it is done 
so as not to prevent the convenient passing of teams and 
carriages. lb. § 5. 

11. If any person maliciously injures any such aqueduct 
or any of its appurtenances, he shall forfeit a sum not 
exceeding twenty dollars to the use of the town, and be 
liable in a civil action to pay treble the amount of the 
damages sustained. lb. § 7. 

12. Any town, in which such aqueduct is placed, may put 
conductors into its pipes, and draw water free of expense, 
to extinguish the fire of a burning building, if they are so 
secured that water shall be drawn for that purpose only, 
lb. §8. 



158 



MAINE TOWNSMAN. 



CHAPTER XLVII 



DRAINS AND COMMON SEWERS. 



1. Penalty for laying drains in high- 

ways or streets without consent 
of municipal officers. 

2. Municipal officers authorized to 

construct public di-ains. 

3. Damages, how assessed and paid. 

4. Private drains, regulations, appli- 

cation for permits. 

5. Amount to be paid for permit, how 

adjusted. 

6. Drains heretofore constructed, how 

maintained and managed. 

7. Penalty for connecting private 

drains with public without per- 
mit. 

8. Penalty for violation of permit. 

9. Drains to be kept in repair. Pen- 

alty for neglect. 

10. Record of proceedings to be kept, 

and officers of town to control 
prosecutions. 

11. Sum for permit to he paid in sixty 

days. Fees of arbitrators, how 
determined. 

12. Private drains, how repaired, in 

case of neglect of owners. 



13. Penalty for willfully or carelessly 

injuring public drains. 

14. All, who enter a private drain, 

pay their proportion. 

15. To be paid in ten days after notice. 

16. Notice to be given before opened 

for repair. 

17. Drains and ditches authorized. 

18. Petitions to county commission- 

ers, what to be set forth therein, 
and bond for costs. 

19. Commissioners to order notice, 

service and publication of no- 
tice. Committeeof reviews, no- 
tice to be given, and report. 

20. Commissioners, consider the re- 

port at next term after it is 
received. 

21. Final report to be recorded and 

damages tendered. 

22. Repairs, how to be made. 

23. Damages, how to be settled. 

24. When the common law obliges 

towns to construct drains. 



1. Whoever digs up the ground in a highway or street 
for laying or repairing any drain or coinmon sewer with- 
out the written consent of the municipal officers, shall 
forfeit for each offense four dollars to the use of the town. 
R S. c. 16, § 1. 

2. The municipal officers of a town may construct 
public drains or sewers along or across any public way 
therein, and through any lands of persons or corporations, 
when they deem it necessary for public convenience or 
health, at the expense of the town ; and they shall be 
under their control. lb. § 2. 

3. When the land is so taken, notice shall first be 
given, and damages assessed and paid therefor as is pro- 
vided for the location of town ways. lb. § 3. 

4. Abuttors upon the line of a public drain, and the 
owners of contiguous private drains may enter and con- 
nect with it, on written application to the municipal 
officers, distinctly describing the land to which it applies, 
and paying therefor what they determine. They shall 
then give the applicants written permits so to enter, 



DRAINS AND COMMON SEWERS. 159 

which shall be available to the owner of the land so 
described, his heirs and assigns, and shall run with the 
land without any other or subsequent charge or payment. 
S.iicI officers shall establish such other regulations and 
conditions for entering j3ublic drains, as they deem expe- 
dient, lb. § 4. 

5. If any person is dissatisfied with the sum he is 
required to pay to enter a public drain, and within ten 
days after notice thereof, requests in writing to have it 
determined by arbitration, the said officers shall nominate 
six persons, two of whom, selected by the applicant, with 
a third person, selected by himself, may fix the sum to be 
paid ; and by ])aying it and the fees of the arbitrators, 
the ap])licant shall be entitled to a permit. lb. § 5. 

6. AH drains, heretofore made at the expense of a 
town, shall be maintained, managed, controlled, and 
entered the same as if made under the provisions of this 
chapter, subject to the rights of private persons therein, 
lb. § 7. 

7. If any person connect a private drain with a public 
drain, or enters it by a side drain, without a permit, the 
municipal officers may forthwith destroy such connection ; 
and such person shall forfeit to the use of the town, where 
the ofibnse is committed, not exceeding two hundred 
dollars, to be recovered by indictment, or action of debt. 
lb. §7. 

8. If any person willfully or negligently violates any 
condition or regulation prescribed in his permit, said 
officers may forthwith disconnect his drain from the pub- 
lic drain and declare his permit forfeited ; and such 
person, his heirs and assigns, shall not be allowed to 
enter it again without a new permit. Whoever by the 
construction or use of a private drain commits any 
nuisance, shall be liable therefor notwithstanding any- 
thing herein contained. lb. § 8. 

9. After a public drain is constructed and any person 
has paid for connecting with it, it shall be constantly 
maintained and kept in repair by the town, so as to afford 
sufficient and suitable flow for all drainage entitled to pass 
through it ; but it may be altered from its former course, 
or other sufficient or suitable drains may be substituted 
therefor. If such town does not so maintain and keep it 
in repair, any person, entitled to drainage through it, may 
haA^e an action against the town for his damages thereby 
sustained. lb. § 9. 



160 MAINE TOWNSMAN. 

10. All proceedings of the municipal officers as afore- 
said shall be at their legal meetings. A suitable record 
shall be made of all such permits, exhibiting the persons 
and lands, to which they apply. lb. § 10. 

11. If any person, after the sum to be paid by him for 
a permit has been determined by arbitration, neglects to 
pay it within sixty days after notice thereof, with the fees 
of the arbitrators, he shall have no benefit of such deter- 
mination, or of his permit. The municipal officers may 
determine the fees of the arbitrators, which shall be paid 
in advance, if required ; and their award shall be returned 
by them to the town clerk, and recorded with the proceed- 
ings of said officers in establishiug such drains. lb. § 11. 

12. If a private drain in a town becomes so obstructed 
or out of repair as to injure any street or highway therein, 
and the persons using it unreasonably neglect to repair 
such injury, after notice by the street commissioner or 
highway surveyor, it shall be repaired by the town, and 
the expense thereof may be recovered to the use of the 
town. lb. § 12. 

13. If any person willfully or carelessly does an injury 
or causes any obstruction to such public drain or its outlet, 
or to any street or highway culvert leading into it, he shall 
be liable for double the amount of injury and damages 
thereby caused, to the use of the town where it is located, 
in addition to all other legal penalties therefor. lb. § 13. 

14. When a person, at his own expense, lays a common 
drain or sewer, all who join or enter it shall pay him their 
proportion of such expense ; and the expense of opening 
and repairing shall be paid by all benefited, to be deter- 
mined in each case by the municipal officers, subject to ap- 
peal to the county commissioners. lb. § 14. 

15. The municipal officers shall notify each person to 
whom he is to pay, and the amount ; and if not paid in ten 
days, he shall pay double the amount with cost. lb. § 15. 

16. Before any such drain is opened for repairs, all per- 
sons interested shall have seven days' notice thereof, given 
as the municipal officers direct ; and if any one objects to 
it, and said officers think his objection reasonable, he shall 
not be liable to any expense thereof; if not reasonable, or 
none is made within three days, they may give written 
permission to proceed. lb. § 16. 

17. Persons or corporations possessing land, swamp, 
meadow, quarries, or mines, which by reason of adjacent 



DRAINS AND COMMON SEWERS. 161 

lands or highways, cannot be approached, drained, or used 
■without crossing said lands or highways, may establish 
drains or ditches thereto, in the manner hereinafter pro- 
vided, lb. § 17. 

18. The party desirous of making such drains and 
ditches shall file a petition therefor with the county com- 
missioners, in the county where the iDremises are situate, 
setting forth the proposed work, and the situation of the 
adjoining lands, and the names of the parties interested, if 
known, accompanied by a bond approved by the commis- 
sioners and payable to the county treasurer, conditioned 
to pay all costs and damages. lb. § 18. 

19. Said commissioners thereupon shall order notice to 
be given to all the parties named therein, by serving on 
them an attested copy thereof, with the order thereon, 
fourteen days before their next regular session, and by pub- 
lishing it in some newspaper published in said county, if any, 
otherwise in some paper in an adjoining county, and after 
said order has been complied with, they may appoint a 
committee of review of not less than three nor more than 
five disinterested persons, and fix theii* compensation per 
day, who shall meet on the premises on the day named, 
and by examination determine whether the proposed di'ain 
or ditch is necessary to the beneficial use of said land, and, 
if so, said committee shall lay out and establish the same, 
in a manner to cause the least injury, and shall assess the 
damages which any proprietor of the adjacent lands will 
be likely to sustain, and report the same with all their 
proceedings to said commissioners; but before the said 
committee proceeds to said examination they shall give 
ten days' notice of the time and place of their meeting, 
by posting up notifications thereof in two public places, in 
the to^vnin which said lands he. lb. § 19. 

20. At the meeting of said commissioners next after the 
report of the committee is received, they may, if deemed 
reasonable, accept such report. lb. § 20. 

21. The party pra}ing for such drains or ditches shall 
cause the final report and adjudication to be recorded in 
the registry of deeds for the county, and shall pay or ten- 
der in pannent the full amount of damages to the parties 
to whom the same is adjudicated. lb. § 21. 

22. The owners of a drain or ditch constructed for the 
purposes above named, or any one of them, benefited 
thereby, may, from time to time, improve, deepen, and 



162 MAINE TOWNSMAN. 

repair the same in such a manner as shall be necessary to 
make it effective, and shall have the right to remove 
and use any rock, earth, or other material which shall be 
necessary in making such improvements, and to enter upon 
the lands through which such drain or ditch passes, for 
that pui-pose. lb. § 22. 

23. All damages sustained by any person by reason of 
such improvement, the value of the royalty or stumpage 
on the rock, and of the other material removed and used, 
may be recovered against the person, persons, or corpora- 
tions taking said rock, earth, or other material, in an action 
on the case, or upon application to the county commission- 
ers at the election of the party injured, who shall assess 
the dama<j^es, and the proceedings shall be conducted as 
provided in R. 8., c. 18, § 8. lb. § 23. 

24. The common law requires a town to build a drain, 
only when the way obstructs the flow of water in its 
natural channel. 56 Maine, 407. 



TITLE V. 

SCHOOLS, PARISHES, MEETIIS^G-HOUSES, 
SCHOOL-LANDS AND EIJNDS. 



Chapter 48. Duties of towns. 

Chapter 49. Powers and obligations of school districts. 

Chapter 50. Assessment and collection of moneys raised by 
school districts. 

Chapter 51. School districts formed from two towns. 

Chapter 52, Superintending school committees. 

Chapter 53. Powers and duties of school agents. 

Chapter 54. Duties and qualifications of instructors. 

Chapter 55. Schools in plantations organized for election pur- 
poses. 

Chapter 56. General provisions relative to education. 

Chapter 57. Parishes. 

Chapter 58. Meeting-houses. 

Chapter 59. Ministerial and school-lands and funds. 

a63) 



164 



MAINE T0WNSMA1S-. 



CHAPTER XLVIII 

DUTIES OF TOWNS. 



1. Tov?-ns may at annual meeting deter- 

mine the number and limits of 
school districts. How they may 
be changed. 

2. Remote portions of town m£,y be 

omitted in districting. 

3. Town may abolish its school dis- 

tricts, &c. 

4. Towns may at annual meeting 

choose school agents. Vacancies, 
how filled. 
6. Towns to raise money for support of 
schools. Forfeiture for neglect to 
raise the amount required. School 
fund, when withheld. 

6. Towns may provide school-books, 

&c. 

7. Apportionment of school-money. 

8. Duty of assessors when school agent 

fails to return number of scholars. 
Apportionment of money to dis- 
tricts . 



9. Towns raising more money than 
required may direct its appor- 
tionment. 

10. Towns to choose superintending 

school committee or supervisor. 
Vacancies, how filled. 

11. Superintending school committee 

may appoint oue of their number 
to perform certain duties. 

12. Penalty for towns failing to choose 

committee or supervisor. 

13. Towns to make by-laws concerning 

truants, and certain children not 
attending school, to be approved 
by Judge of supreme court. Pen- 
alty for breach thereof. 

14. Shall appoint persons to make com- 

plaints of violation of by-laws. 

15. Truant children may be placed in 

suitable institutions. 



1. A town at its annual meeting, or at a meeting called 
for that purpose, may determine the number and limits of 
the school districts therein, but they shall not be altered, 
discontinued, or annexed to others except on the written 
recommendation of the municipal officers and superintend- 
ing school committee, accompanied by a statement of 
facts, and on comlitions proper to preserve the rights and 
obligations of inhabitants. R. S. c. 11, § 1. 

2. Any portion of a town too remote to be annexed to 
existing districts, and not having sufficient population to 
form a separate district may be omitted in districting the 
town. lb. § 2. 

3. A town may abolish the school districts therein, and 
shall thereupon forthwith take possession of all the school- 
houses, land, apparatus, and other proj^erty owned and 
used for school purposes, which districts may lawfully sell 
and convey. The property so taken shall be appraised 
under the direction of the town, and at the next annual 
assessment thereafter a tax shall be levied upon the whole 
town equal to the whole amount of said appraisal, or such 
part thereof as the town shall vote, and the remainder of 
said appraisal, if any, shall be levied by tax upon the 
whole town at the second and third annual assessments 
thereafter, or at the second alone, as the town shall vote, 
and there shall be remitted to the tax payers of each dis- 
trict the said appraised value of its property thus taken 
in the same proportion, annually, as the tax therefor shal' 



DUTIES OF TOWNS. 165 

be levied, or the difference in the value of the property 
of the several districts may be adjusted in any other 
manner agreed upon by the parties in interest. Upon 
the abolition or discontinuance of any district, its corpo- 
rate powers and liabilities continue so far as may be nec- 
essary for the enforcement of its rights and duties. Upon 
the abolition or discontinuance of any district, its corpo- 
rate powers and liabilities shall continue and remain, so 
far as may be necessary for the enforcement of its rights 
and duties. lb. § 3. 

4. A town, at its annual meeting, may choose its school 
agents ; and vacancies may be filled as in case of other 
town officers not chosen by ballot. lb. § 4. 

5. Every city, town and plantation shall raise and ex- 
pend, annually, for the support of schools therein, a sum 
of money, exclusive of the income of any corporate school 
fund, or of any grant from the revenue or funds from 
the State, or of any voluntary donation, devise or bequest, 
or of any forfeiture accruing to the use of schools, not 
less than eighty cents for each inhabitant, according to 
the census of the State, by which representatives to the 
legislature were last apportioned, under penalty of for- 
feiting not less than twice, nor more than four times the 
amount of its deficiency ; and when the governor and 
council have reason to believe that a town has neglected 
to raise and expend the school money required by law, or 
faithfully to expend the school money received from the 
State, they shall direct the treasurer of state to withhold 
further pajinent to such town from the State school fund 
and mill tax until such town satisfies them that it has ex- 
pended the full amount of school money required by law. 
lb. §§ 6, 7. 

6. Towns, cities and plantations may raise money to 
provide school-books for the use of the pupils in their 
public schools, at the expense of said town, city or plan- 
tation, or to furnish them at cost to the pupils ; and all 
money raised and appropriated for that purpose, shall be 
assessed in the same manner as other moneys raised for 
lawful purposes are assessed. lb. § 8. 

7. The assessors and superintending school committees, 
or supervisors of towns, cities, and plantations, shall have 
the power and may annually apportion twenty per cent 
of all the money required to be raised by the sixth sec- 
tion and twenty per cent of all money received from the 
State for schools, except money received under section 



166 MATlS^E TOWNSMAN. 

twenty-eight among the districts in their several towns, 
cities and plantations, in such manner as in their judg- 
ment shall give to the smaller districts, as nearly as may 
be, an equal opportunity of enjoying the benefits of com- 
mon-school education with the larger districts. lb. § 12. 

8. When any school agent fails to return, in the month 
of April, the number of persons in his district between 
four and twenty-one years of age, exclusive of those com- 
ing from other ])laces to which they belong, to attend a 
college or academy, or work in a factory therein, the as- 
sessors of the town shall cause an enumeration thereof to 
be made. They shall annually apportion to each district, 
and to any inhabitants not embraced in a district, the 
money so raised, and all funds derived from any source 
for the support of public schools in their town, in propor- 
tion to the number of scholars aforesaid. lb. § 15. 

9. A town raising more money than is required by sec- 
tion five, may, by vote, direct the excess to be apportioned 
to the several districts as the assessors and superintend- 
ing school committee determine. lb. § 16. 

10. Every town shall choose by ballot, at its annual 
meeting, a superintending school committee of three 
unless already done, to hold office as provided in section 
fifty-three, and shall fill vacancies arising therein at each 
subsequent annual meeting, or shall, in the same manner, 
choose a supervisor of schools, who shall have the power 
and perform the duties which are now, or may hereafter 
be required of the committee aforesaid ; and his election 
shall terminate the office of any and all existing members 
of such committee. lb. § 18. 

11. The superintending school committee may appoint 
one of their number, who shall have all the power and 
perform all the duties specified in the fifth and twelfth 
items of the eighty-seventh section. lb. § 19. 

12. Any town failing to elect members of superintend- 
ing school committee or supervisor, as required by law, 
shall forfeit not less than thirty or more than two hun- 
dred dollars, lb. § 20. 

13. Towns may make such by-laws, not repugnant to 
the laws of the State, concerning habitual truants, and 
children between six and seventeen years of age not 
attending school, without any regular and lawful occupa- 
tion, and growing up in ignorance, as are most conducive 
to their welfare and the good order of society ; and may annex 
a suitable penalty, not exceeding twenty dollars, for any breach 



POWEES OF SCHOOL DISTRICTS. 



167 



thereof; but said by-laws must be first approved by a judge of 
the supreme judicial court. lb. § 21. 

14. Such towns shall appoint at the annual meeting, one or 
more persons, who alone shall make complaints for violations 
of said by-laws to the magistrate having jurisdiction thereof 
by said by-laws, and execute his judgments. lb. § 22. 

15. Said magistrate, in place of the fine aforesaid, may order 
children proved to be growing up in truancy, and without the 
benefit of the education provided for them by law, to be placed 
for such periods of time as he thinks expedient, in the institu- 
tion of instruction, house of reformation, or other suitable 
situation provided for the purpose. lb. § 23. 



CHAPTER XLIX. 



POWERS AND OBLIGATIONS OF SCHOOL DISTRICTS. 



1. School districts legally organized, 

declared corporations. 

2. Who are legal voters. 

3. District meetings, how called. 

4. Notice of meetings, how to be 

given. 

5. District may determine manner of 

notifying meetings. 

6. Moderator to be chosen. Clerk to 

be chosen and sworn. 

7. Districts shall choose a school 

agent. 

8. Powers of a school district. 

9. Diitriots having graded schools 

may raise money. 

10. May choose a committee to regu- 

late money affairs. 

11. Minority not satisfied, may appeal 

to town. 

12. When tiie erection, repairing, rent- 

ing, or purchasing of a school- 
house may be ordered and com- 
pleted by the town. 

13. Money, how raised and expended 

in a district having no voters. 



17. 



18 



14. Two or more districts may unite 

for support of union school for 
advanced scholars. 

15. Two or more districts may unite for 

maintaining graded schools. 

16. Location of school-houses may be 

determined by municipal oflicei-s, 
when. 

Proceedings when owner of lot se- 
lected for school-houses refuses to 
sell. 

Owner of land aggrieved may have 
the matter tried. 

19. Plan for erection or reconstruction 

of school-house to be approved by 
superintending school committee. 

20. District may determine proportion 

of money for summer schools. 

21. May direct what scholars shall at- 

tend school of master and mis- 
tress. 

22. Districts where more than one 

school is kept may choose com- 
mittee to classify scholars. 

23. District may appropriate for li- 

brary. 



1. School districts, whether a part of one or more towns, 
that have exercised the privileges of a district for one 
year, shall be presumed to be legally organized ; and all 
districts legally organized shall be corporations with j^ower 
to hold and apply real and personal estate for the support 
of schools therein, and to sue and be sued. Executions 
against them may be satisfied as executions against towns 
are ; and in all suits or business, they may be described by 



168 MAINE TOWNSMAN. 

their numbers as fixed by the town, by the name which 
they have assumed, or if they have no certain name, by an 
appropriate general description. R. S. c. 11, § 40. 

2. Any person, qualified to vote in town afiairs, shall be 
a legal voter in his school district. lb. § 41. 

3. School district meetings may be called by the agent, 
on the written application of three or more legal voters, 
stating the reasons and objects thereof. When there is 
no agent, or when he neglects or refuses, they may be 
called by the municipal ofiicers, or any justice of the peace, 
on like application. lb. § 42. 

The application may be in the following form : 

To the selectmen of the town of [or 

district agent of school district JVo. , in the town of 

, as the case may be'] : 

You are requested by the subscribers, ■ legal voters 

in school district No. -, in the town of , to call a 

meeting of the legal voters of said district, to be held at 

the school-house in said district, on the day of 

next, at o'clock in the noon, then and there to 

act upon the following articles : 

First. To choose a moderator to preside at said meeting. 

Second. To choose a clerk and all other necessary ofii- 
cers. 

Third. To see if the district will [here state the objects 
of the proposed meeting']. 

Dated at , this day of , a. d. 18 — . 

A. B., and the other applicants. 

4. On receiving such application, the agent or munici- 
pal officers, or justice of the peace, as the case may be, 
shall causa notices specifying the time, place, and purposes 
of the meeting, seven days before the time appointed, to 
be posted up in two or more public places in the district, 
one of which must be on the school-house, if there is any, 
or published in a newspaper, if any, printed in the town. 
The certificate of such agent or municipal officers, justice 
of the peace, or of any person required by their warrant 
to give notice, returned at the time and place of meeting, 
shall be evidence of the notice therein stated to have been 
given. lb. § 43. 

The form of notice by the selectmen (or agent) is as 
follows ; 



POWERS OF SCHOOL DISTRICTS. 169 

NOTICE. 

To the legal voters of school district No. , in the 

town of : GREETING'. 

Pursuant to a written application made to us, the select- 
men of said town [or to me, agent of said school dis- 
trict N'o, ^5 as the case may 5e], you are hereby notified 

and warned to meet at the school-house in said district on 
the day of instant, at o'clock in the after- 
noon, then and there to act on the following articles : 

First. To choose a moderator to preside at said meeting. 

Second. \IIere insert the articles or objects of the meet- 
ing^ as in the foregoing application^ 

Given under our hands, this day of . 

> Selectmen of , 

j \or Agent of School District N'o. .] 

The form of the certificate of notice is as follows : 

The subscriber hereby certifies that he has posted up a 
copy of the within notice at two public places within such 
district, to wit : one at the school-house within said dis- 
trict, and one at , being a public place within such 

district, on the day of , it being seven days be- 
fore the day appointed for said meeting. 

Dated at , this day of , 18 — . 

CD. 

5. Every school district, at any legal meeting, may de- 
termine the manner in which notice of its future meetings 
shall be given. R. S. c. 11, § 45. 

6. At such meeting, a moderator shall be chosen, but 
need not be sworn ; and at the first meeting every year, a 
clerk shall be chosen, and shall be duly sworn by the mod- 
erator, or a justice of the peace. lb. § 46. 

The form of the oath of clerk is as follows : 

You, — -—^ solemnly swear, that you will faithfully and 
impartially perform the duties assigned to you by law, as 

clerk of the school district No. , in the town of , 

during the ensuing year, and until another shall be chosen 
and sworn in your place. So help you, God. 

7. Every school district, at its annual meeting, shall 
choose a school agent by ballot, unless chosen by the 



170 MAINE TOWNSMAN. 

town ; and may fill a vacancy in that office at a meeting 
called for that purpose. lb. § 47. 

8. A school district, at any legal meeting called for 
the purpose, shall have power : 

First. To raise money for erectin,^, repairing, renting, pur" 
chasing, and removing such school-houses and out-buildings as 
the wants of the district require; for purchasing or renting 
land for them to stand upon, and for yards and play-grounds; 
for purchasing a library, utensils, black-boards, globes, maps, 
and other useful apparatus; for providing water for school- 
houses by means of wells or aqueducts, with necessary conven- 
iences for the health and comfort of teachers and pupils; and 
for inclosing the grounds and appurtenances of the school- 
houses. 

Second. To determine where their school-houses shall be 
located. 

Third. To sell and dispose of any school-house or other 
property, if necessary. 

Fourth. To determine at what age the youth therein may be 
admitted into the schools kept by a master or mistress, and 
whether, and upon what terms, scholors may be admitted into 
their schools from other towns or places. 

Fifth. To instruct the superintending school committee or 
supervisor at what time the schools shall commence, and the 
schools shall commence and continue as voted by the district, 
unless, in the opinion of the school committee or supervisor, it 
wonld be detrimental to the best interests of the district on ac- 
count of contagious disease or other good reason; but in towns 
or cities that have abolished the district system, the school com- 
mittee or supervisor shall determine the commencement and 
duration of the schools therein. 

Sixth. To allow the school-house to be used for meetings of 
rekgious worship, lectures, and other similar purposes. lb. § 48. 

9. Any school district, maintaining graded schools» 
may raise for the support of schools therein a sum of 
money not exceeding that which it receives from the 
town in addition thereto. lb. § 49. 

10. A district may choose a committee to superintend 
the expenditure of money legally raised by it, to examine 
and allow accounts, and to draw orders on the town 
treasurer for the amount of money raised. lb. § 50. 

11 . When at a meeting of a school district legally called 
for raising money for any particular purpose, a majority 
of the legal voters present are opposed to raising a sum 
sufficient, in the opinion of the minority, for such purpose, 
the municipal officers, on written application of five or 
more voters, made within thirty days after such meeting, 
shall insert in their warrant for calling the next town 
meeting on town affairs, an article requiring the opinion 



POWERS OF SCHOOL DISTRICTS. 171 

of the town on the disagreement, and if the town thinks 
it necessary or expedient, they may require a sum sufficient 
for such purpose, if exceeding what the district was will- 
ing to raise, to be assessed on the polls and estates 
therein ; and it shall be assessed, collected, and paid over, 
as if originally raised by the district ; and thereupon the 
municipal officers shall appoint, in writing, three suitable 
inhabitants of said district, a committee to superintend 
the expenditure of the money for such purpose, and they 
shall have all the powers of a committee chosen by the 
district, in pursuance of the provisions hereof. lb. § 51. 

12. When, in the opinion of the superintending school 
committee, any school district in their town unreasonably 
neglects or refuses to raise money for erecting, repairing, 
renting, or purchasing a school-house or school-houses 
and out-buildings, such as the wants of the district re- 
quire, or for purchasing or renting land for them to stand 
ui^on and for yards and play-grounds, the municipal 
officers, upon the written application of the superintend- 
ing school committee, shall insert in their warrant for 
calling the next town meeting for town affiiirs, an article 
to see if the town will vote to raise money in such school 
district for the purposes above named. And any sum or 
sums of money so voted to be raised shall be assessed 
upon the polls and estates therein, and collected and paid 
over as if originally raised by the district. And there- 
upon the municipal officers shall appoint three suitable 
inhabitants of the town a committee to superintend the 
expenditure of the money for such purpose, and they shall 
have all the powers of a committee chosen by the district 
pursuant to law. lb. § 52. 

13. In school districts not having any legal voters to 
transact district business, money may be raised and ex- 
pended in the manner and for the purposes specified in 
the foregoing section. lb. § 53. 

14. Two or more districts, by vote at their district 
meetings, may unite to support a union school for the 
more advanced scholars, and appropriate therefor a portion 
of the school money assigned to each district. But if more 
than one-fourth of the voters present and voting at any 
meeting object, only the per capita share of the scholars 
attending such union school shall be so appropriated, 
without the written assent of the superintending school 
committee. lb. § 54. 



172 MAINE TOWNSMAN. 

15. Two or more school districts may unite for the 

purpose of establishing and maintaining a system of grad- 
ed free schools, for such time as they decide, when a ma- 
jority of the voters present and voting at a meeting of 
each district, legally called for the purpose, so determines ; 
and the clerk of each district shall forthwith furnish the 
town clerk with a certified copy of such votes, and he 
shall enter said votes upon the town records ; and there- 
after such districts shall constitute one district, to be 
knoAvn by the name that the inhabitants thereof adopt; 
and have all the rights and powers, and be subject to all 
the liabilities of other school districts; and the town 
shall not alter or divide it, without the consent of a ma- 
jority of its voters ; and at its annual meeting it may 
raise money for the support of its schools, in addition to 
what it receives from the town, and not exceeding three- 
fifths of that sum. And any school district maintaining 
graded schools may raise money for the support of its 
schools as provided in this section for districts composed 
of two or more districts. lb. § 55. 

16. At any district meeting called fi^r the purjoose of 
removing a school-house, or locating one to be erected, if 
more than one-third of the voters present and voting ob- 
ject thereto, the clerk shall make a record of the fact ; 
and the municipal oflicers, on written ai^plication of any 
three or more of said voters, or any committee of the dis- 
trict, made within thirty days thereafterwards, shall, as 
soon as may be, appoint a time and place in the district to 
hear the parties, and give such notice as is required for a 
district meeting ; and after such hearing they may decide 
where the school-house shall be placed ; and shall, within 
ten days, give a certificate of their determination to the 
clerk of the district, who shall forthwith enter it on his 
records ; and the district shall proceed to erect, or remove 
the school-house, as if determined by a sufiacient majority 
of the voters present at said meeting ; but no such officer, 
residing in the district, shall have any voice in such deter- 
mination; and when a majority of them reside therein, or 
do not agree, the superintending school committee shall 
do all the duties herein required of the municipal officers ; 
and if the district refuses or neglects for sixty days to 
carry into effect such determination, the municipal officers 
or superintending school committee, at the expense of the 
district, shall, if need be, purchase a lot for said house, and 
cause it to be erected or removed thereon. lb. § 56. 



POWERS OF SCHOOL DISTRICTS. 173 

17. When a location for the erection or removal of a 
school-house and necessary buildings has been legally 
designated, and the owner thereof refuses to sell, or asks 
an unreasonable price for it, in the opinion of the munici- 
pal officers, or resides without the limits of this State, 
and has no authorized agent or attorney within the same, 
they may lay out a school-house lot, not exceeding one 
hundred square rods, and appraise the damages, as is pro- 
vided for laying out town ways and appraising damages 
therefor ; and on payment or tender of such damages, or 
if such owner shall not reside within this State, upon de- 
positing such damages in the treasury of such town or 
district for his use, the town or district designating it 
may take such lot to be held and used for the purposes 
aforesaid and when such school-house as is required of 
the town or district has ceased to be thereon for two 
years, it shall revert to the owner, his heirs or assigns. 
And any to^yn or city may take real estate for the en- 
largement or extension of any location designated for 
the erection or removal of a school-house and necessary 
buildings, and for necessary play-grounds, as herein pro- 
vided ; but no real estate shall be so taken within fifty, 
feet of a dwelling-house. lb. § 57. 

18. If the owner is aggrieved at the location of the lot 
or the damages awarded, he may within one year there- 
after, apply to the county commissioners, and have the 
matter tried by a jury, who may change the location and 
assess the damages, and the proceedings shall be conduct- 
ed as in case of damages for laying out highways. If the 
damages are increased, or the location changed, such 
town or district shall pay the damages and costs, other- 
wise the costs shall be paid by the applicant. lb. § 58. 

19. A plan for the erection or reconstruction of a 
school-house voted by a town or district, shall first be ap- 
proved by the superintending school committee. lb. § 66. 

20. A school district, at a legal meeting, may determine 
what proportion of their school money shall be expended 
for the support of a summer school ; and the superintend- 
ing school committee or supervisor shall expend it ac- 
cordingly, if practicable. lb. § 67. 

21. When the school is kept in part by a mistress, and 
in part by a master, the district may determine by vote, 
or authorize the superintending school committee to de- 
termine, from time to time, what description of scholars 
shall attend each. lb. § 68. 



174 



MAINE TOWNSMAN. 



22. Each district, where more than one school is kept 
at the same time, may choose annually, or one-third in 
each year, a committee to determine what description of 
scholars shall attend each school, to classify said scholars, 
and to transfer them from school to school ; and unless 
such election is for one year only, at their first meeting 
they shall determine their respective terms of office by 
lot, and certify the result to the district clerk ; they or the 
district shall fill vacancies as they occur ; and they shall 
transmit a copy of their annual report, it printed, to the 
superintendent of common schools. lb. § 69. 

23. A district may appropriate not exceeding one-tenth 
of its school money for any year, to purchase a school 
library and apparatus for the use of the schools therein, 
and make proper rules for the preservation and manage- 
ment thereof Adjacent districts may, by vote of each, 
unite for the purpose aforesaid. lb. § 70^ 



CHAPTER L. 



ASSESSMENT AND COLLECTION OF MONET BY SCHOOL 
DISTRICTS. 



Money raised to be assessed within 
thirty days; how collected. 

Collectors, their powers, duties, and 
compeu'^ation. 

Money raised to be at disposal of 
district committee. 



4. District may borrow money. 

5. District may appoint agent to con- 

tract loan. 

6. Duty of assessors in such cases. 

7. District may elect a collector, when. 

8. Legal decisions. 



1. When a district votes to raise money for any legal 
purpose, its clerk shall forthwith, or within the time pre- 
scribed by the district, certify the amount thereof to the 
assessors of the town, and the time when raised ; and 
within sixty days after receiving such certificate, they 
shall assess it, as they do town taxes, on the polls and 
estates of the residents and owners in the district at the 
time of raising said money, whether wholly in their town 
or not, and on the non-resident real estate in the district. 
They shall then make their warrant in due form of law, 
directed to any collector of their town, or of the district, 
if any, if not, to a constable, authorizing and requiring 



ASSESSMENT AND COLLECTION OF MONEY. 175 

him to levy and collect such tax and pay it, within the 

time limited in the warrant, to the town treasm-er; and 
they shall give a certificate of the assessment to such 
treasurer, and may abate such taxes as in the case of 
town taxes. R. S. c. 11, § 75. 

2. The collector or constable, and the town treasurer, 
or treasurer and collector, if one person is both, shall each 
have the same powers and be subject to the same duties 
and obligations relating to district taxes, as relating to 
town taxes ; and they and the assessors shall be allowed 
by the district for the services herein required, a compen- 
sation i^roportionate to what they receive from the town 
for similar services. lb. § 79. 

3. The money so raised and paid shall be at the 
disposal of the district committee. lb. § 80. 

4. A district, at a legal meeting called for that purpose, 
by a vote of two-thirds of the voters present and voting, 
may borrow money for erecting a school-house, and buy- 
ing a lot therefor, on a time not exceeding ten years, 
payable in equal annual instalments, but for no other 
purpose, and in no other manner ; and when they do so, 
the clerk shall forthwith certify such vote to the assessors 
and treasurer of the town. lb. § 81. 

5. The district may appoint an agent or agents to 
contract such loan, who may bind the district, and give 
the necessary security therefor, a copy of which shall be 
filed by him with the town clerk, and entered on the 
town records. The money thus procured shall be re- 
ceived by the town treasurer, applied for the purposes 
aforesaid, and paid out in the same manner as money 
raised by taxation for the same purposes. lb. § 82. 

6. At each annual assessment of town taxes after such 
loan, the assessors of the town shall assess the amount of 
the instalment and interest for that year, on the polls and 
estates in the district, as if the district had voted to raise 
it, and shall, in like manner, be collected and paid to the 
town treasurer, who shall pay each instalment and inter- 
est as it becomes due, on demand of the owner of the 
security. lb. § 83. 

7. A district voting to raise a sum of money exceeding 
three hundred dollars under the provisions hereof, may 
elect a collector by ballot, who shall give bonds to the 
inhabitants thereof, with sufficient sureties, approved by 
the municipal officers; have the same powers and be 



176 



MAINE TOWNSMAN. 



subject to the same duties and obligations as a collector 
of town taxes ; and receive such compensation for collect- 
ing and joaying over such taxes as the district votes at 
the meeting when he is chosen. The district clerk shall 
file a certified copy of his election with the town clerk, 
who shall record it, and such record shall be evidence of 
the collector's election by the district. lb. § 84. 

8. If the intention of the voters of a school district to 
raise a sum of money for the purpose of building a dis- 
trict school-house is perfectly apparent upon their records, 
it is sufficient to authorize the assessment and collection 
of the amount, although such intention may be very in- 
formally expressed. 28 Maine, 193. 

A school district has no authority to raise money for 
fuel, or to make itself liable for it. 33 Maine, 170. 

A vote to hire money, passed by a school district at a 
meeting of which no previous notice had been given, 
creates no liability upon the district to repay money so 
borrowed. A vote subsequently passed, at a meeting 
legally called, " to pay the debts due from the district," 
is no admission of indebtedness for money hired under 
the vote passed at the previous unauthorized meeting, 
lb. 239. 

A town is not responsible for imi3roper proceedings, 
willful or otherwise, by the majority of a school district. 
41 Maine, 504. 



CHAPTER LI 



SCHOOL DISTRICTS FORMED FROM TWO OR MORE TOWNS. 



1. Two or more adjoining towns may 

unite. 

2. How such districts shall be superin- 

tended. 



3. Assessors to apportion school money 

to such districts. 

4. Such district shall choose its agent. 



1. Two or more adjoining towns may concur in estab- 
lishing school districts from parts of each when convenient, 
in determining their limits, and in altering and discontin- 
uing them; and they and their officers, except as herein 
otherwise provided, may exercise the powers and duties 
relating thereto, that a town may relating to its own dis- 



SCHOOL DISTillCTS OF TWO OR MORE TOWNS. 177 

tiicts. If sucli district has existed fifteen years, either 
town may disconnect its j^art, without the concurrence of 
the others, by leaving all the district property to belong 
to what remains. R. S. c. 11, § 71. 

2. The superintending school committee, municipal offi- 
cers, assessors, treasurer, collector, and constables of the 
town where the school-house of such district is situated, 
or has been located, or where the school is kept, or if there 
is no such school-house or school, said officers of the oldest 
town from which a part of such district is taken, shall have 
all the powers and perform all the duties relating to it, 
that they have and perform relating to districts wholly in 
their own town ; and such assessors shall assess all taxes, 
voted by such district, according to a valuation made by 
them, uniform throughout the district. lb. § 72 . 

3. The assessors of each town from which a part of 
such district is taken, shall annually apj)ortion to it a share 
of the school money of their town, according to the num- 
ber of scholars in such districts living in theu^ town. lb. 
§ 73. 

4. Such district shall annually choose its agent, and his 
contracts shall bind each town in proportion to and not 
exceeding the amount which it is required to pay to him 
as aforesaid ; and all agents and officers thereof shall have 
the same powers and privileges, and perform the same du- 
ties, as in districts wholly in one town. lb. § 74, 

12 



178 



MAINE TOWNSMAN. 



CHAPTER LII 



POWERS AND DUTIES OF SUPERINTENDING SCHOOL 
COMMITTEE. 



Superintending school committee 
and supervisor to be sworn. 

Superintending scliool committee 
first chosen, to determine term 
of office by lot. 

Duties of superintending school 
committees. Wbat constitute a 
school week and month. 

Shall make annual statement. 
Particulai-s. To make return to 
State superintendent of common 
schools. 

If agent neglects, superintending 



school committee to make enu- 
meration of scholars. 

Superintending school committee to 
make return of lists of scholars to 
assessors. 

Parents or guardians neglecting to 
furnish books to scholars, c anmit- 
tee to furnish them. Expense 
may be added to town tax of 
delinquent. 

Compensation of superintending 
school committees and supervi- 
sors. 



1. Members of superin tending school committees, and 
supervisors shall be duly sworn. R. S. c. 11, § 5*2. 

2. Superintending school committees at their first 
meeting, shall designate by lot one of their number to 
hold office three years, and another two years, and cer- 
tify such designation to the town clerk, to be by him 
recorded. The third member shall hold office one year ; 
and each member elected to fill the place of one whose 
term expires, shall hold office three years. They shall 
fill all vacancies in their number until the next annual 
town meeting. Two members shall constitute a quorum ; 

but if there is but one in office, he may fill vacancies, 
provided^ however, if the one thus remaining in office de- 
clines or neglects to fill such vacancies, the municipal 
officers shall fill the same ; and they shall fill all vacancies 
arising in the office of supervisor until the next annual 
election. lb. § 86. 

3. Superintending school committees]shall perform the 
following duties : 

First. They shall appoint suitable times and places for 
the examination of candidates proposing to teach in town, 
and give notice thereof by posting the same in two or more 
public 2^1aces within the town at least three weeks before 
the time of said examination, or the publication for a like 
length of time of said notice in one or more of the county 
newspapers having the largest circulation in the county. 
They shall employ teachers for the several districts in the 
town, unless the town otherwise vote, and notify the sev- 
eral school agents of the teachers employed and the com- 
pensation agreed to be paid ; five days shall constitute the 



SUPERINTEN-DING SCHOOL COMMITTEES. 179 

sch ool week, and four weeks shall constitute a school month. 

Second. On satisfactory evidence that a candidate pos- 
sesses a good moral character, and a temper and disposi- 
tion suitable to be an instructor of youth, they shall ex- 
amine him in reading, spelling, writing, English grammar, 
geography, history, arithmetic, book-keej)ing and physiol- 
ogy, and other branches usually taught in public schools, 
and particularly in the school for which he is examined, 
and also as to capacity for the government thereof. 

Third. They shall give to each candidate found com- 
petent, a certificate that he is qualified to govern said 
school, and instruct in the branches above named, and such 
other branches as are necessary to be taught therein. 

Fourth. Direct the general course of instruction, and 
select a uniform sys'tem of text-books, due notice of which 
shall be given ; and any text-book thus introduced shall 
not be changed for five years thereafter unless by a vote 
of the town ; and any person violating the provision 
hereof shall be punished by fine not exceeding five hun- 
dred dollars, to be recovered in an action of debt by any 
school officer or person aggrieved. And when said com- 
mittee has made such selection of school-books, they may 
contract, under section eight, with the publishers for the 
purchase and delivery thereof; make such rules as they 
deem effectual for their preservation and return; or if 
they are kept for sale, may regulate the sale and appoint 
an agent to keep and sell them, fix the retail price which 
shall be marked on the title-page of each book. 

Fifth. Examine the several schools, and inquire into 
the regulations and discipline thereof, and the proficiency 
of the scholars therein, for which purpose one or more of 
the committee shall visit each school at least twice in 
summer and twice in winter ; and use their influence to 
secure the regular attendance at school of the youth in 
their town. 

Sixth. After due notice and investigation, they shall 
dismiss any teacher, although having the requisite certifi- 
cate, who is found incapable or unfit to teach, or whose 
services they deem unprofitable to the school ; and give 
to said teacher a certificate of dismissal and of the reasons 
therefor, a copy of which they shall retain, and immedi- 
ately notify the district agent of such dismissal, Avliich 
shall not deprive the teacher of compensation for previous 
services. 



180 MAINE TOWNSMAN. 

Seventh. Expel from a school any obstinately disobe- 
dient and disorderly scholar, after a proper investigation 
of his behavior, if found necessary for the peace and use- 
fulness of the school; and restore him on satisfactory 
evidence of his repentance and amendment. 

Elrihth. Exclude from the public schools, if they deem 
expedient, any person who is not vaccinated, though oth- 
erwise entitled by law to admission thereto. 

JSflnth. Direct or approve in writing the expenditure of 
school-money ajoportioned to inhabitants not included in 
any district. 

Tenth. Prescribe the sum, on the payment of which 
persons of the required age, resident on territory, the ju- 
risdiction of which has been ceded to the United States, 
included in or surrounded by a school 'district, shall be eji- 
titled to attend school in such district ; and when such 
territory adjoins two or more districts, they shall desig- 
nate the one where they may attend. 

JEleventh. Determine what description of scholars shall 
attend each school, classify them, and transfer them from 
school to school in districts where more than one school is 
kept at the same time and no district committee is elected, 
and may authorize the admission of scholars in one dis- 
trict into the schools of another district. 

Twelfth. At the annual town meeting, they shall make 
a written report of the condition of the schools for the 
past year, the proficiency made by the pupils, and the suc- 
cess attending the modes of instruction and government 
of the teachers ; they shall transmit a copy thereof to the 
superintendent of common schools. lb. § 87. 

4. They shall annually make out a statement contain- 
ing the following particulars : 

First. The amount of money raised and expended for 
the support of schools, designating what part is raised by 
taxes, and what j)art from other funds, and how such funds 
accrued. 

Second. The number of school districts and parts of 
districts in their town. 

Third. The number of children between four and twen- 
ty-one years of age, belonging to their town in each dis- 
trict, on the first day of April preceding. 

Fourth. The number of such children who reside on 
islands, or in any other part of the town not in any dis- 
trict. 



SUPEKINTENDING SCHOOL COMMITTEES. 181 

Fifth, The whole number and the average number of 
scholars attending the summer schools ; the whole number 
and the average number of scholars attending the winter 
schools, also the total number of different scholars attend- 
ing school two weeks or more of the preceding year, as 
shall appear from the teachers' registers returnable to said 
officers agreeably to section ninety-six. 

/Sixth. The average length of the summer schools in 
weeks ; the average length of the winter schools in weeks ; 
the average length of the schools for the year. 

Seventh. The number of male teachers and the number 
of female teachers employed in the public schools during 
any part of the year. 

Eighth. The wages of male teachers per month, and 
the wages of female teachers per week, exclusive of board. 

Ninth. They shall give, in tlieir returns, the number of 
scholars as they existed on the first day of April next preceding 
the time of makino- said returns, and full and complete answers 
to the inquiries contained in the blank foims furnished them 
under the provisions of law; certify that such statement is 
true and correct, accordin^y to their best knowledge and belief; 
and transmit it to the office of the superintendent of common 
schools, on or before the first day of May in each year. When 
by reason of removal, resignation, or death, but one member of 
the committee remains, he shall make said returns. lb. § 88. 

6. If any school agent neglects to return the scholars 
in his district, the superintending school committee shall 
immediately make such enumeration, and be paid a rea- 
sonable sum therefor, to be taken from the amount to be 
apportioned to the district of such delinquent agent. lb. 
§89. 

6. They shall return to the assessors on or before the 
fifteenth day of May, annually, the number of scholars in 
each school district, under oath. lb. § 90. 

7. If any parent, master, or guardian, after notice from 
the teacher of a school that a child under his care is defi- 
cient of the necessary school-books, refuses or neglects to 
furnish such child with the books required, the superin- 
tending school committee, on being notified thereof by the 
teacher, shall furnish them at the expense of the town ; 
and such expense may be added to . the next town tax of 
the parent, master, or guardian. lb. § 91. 

8. Superintending school committees and supervisors 
shall be paid for their services, on satisfying the municipal 
officers that they have made the returns to the superin- 
tendent of common schools required by law, one dollar 



182 



MAINE TOWNSMAN, 



and fifty cents a day and all necessary traveling expenses, 
and no more unless ordered by the town. lb. § 59. 



CHAPTER LIII. 



POWERS AND DUTIES OF SCHOOL AGENTS. 



1. Scliool agents shall be sworn ; pow- 

ers and duties. 

2. Agent to return lists of persons. 



3. In what case superintending school 

committee perform duties of 
agents. 

4. Action against agent. 



1. Each school agent, elected by the town or district, 
shall be duly sworn by the moderator, town or district 
clerk, or a justice of the peace, and continue in office one 
year, and until another is chosen and qualified in his stead ; 
and his duties and powers shall be as follows : 

First. In the month of March or April, annually, to 
call a district meeting for the choice of an agent, and for 
other business, by causing notice to be given as provided 
in this chapter, which meeting shall be called by the agent, 
without appUcation therefor. 

Second, To provide fuel and utensils necessary for the 
schools, and make repairs upon the school-houses and out- 
buildings, and procure insurance of the same if the dis- 
trict so direct ; but no more than one-tenth of the money 
apportioned to the district shall be expended for such re- 
pairs in one year, exclusive of fuel and insurance. 

Third, He shall, within the year for which he is chosen, 
perform all the duties required of him by law, and if he 
refuses or neglects so to do, as far as practicable, the mu- 
nicipal officers, on complaint of any inhabitant of the dis- 
trict, and after due notice and investigation, may appoint 
a special agent to discharge such duties, who shall be duly 
sworn, have all the powers and perform all the duties ot 
school agent for the district. 

Fourth. To return to the municipal officers, prior to 
the expiration of his term of seryice, an account of his 
official expenditures, with the necessary vouchers therefor. 

Fifth. When school district agents are empowered by 
the town to employ teachers, they shall, before the com- 
mencement of a term of school, give written notice to some 



QUALIFICATIONS OP SCHOOL TEACHERS. 183 

member of the school committee or to the supervisor, 
when it is to commence, whether to be taught by a master 
or mistress, and how long it is expected to continue. lb. 
c. 11, § 93. 

2. Each school agent shall return to the assessors and 
school committee, in the month of April, annually, a certi- 
fied list of the names and ages of all persons in his dis- 
trict, from four to twenty-one years, as they existed on the 
first day of said month, leaving out of said enumeration 
all persons coming from other places to attend any college 
or academy, or to labor in any factory, or at any manu- 
facturing or other business. lb. § 94. 

3. In school districts not having legal voters, the super- 
intending school committee of the town are empowered 
and required to perform the duties imposed upon school 
agents. lb. § 95. 

4. In an action against the agent of a school district, 
for money in his hands unexpended, it is no defense that 
he had not taken the oath. 51 Maine, 454. 



CHAPTER LIV. 

DUTIES AND QUALIFICATIONS OF SCHOOL TEACHERS. 

1. Teacher to keep school register, I 3. Forfeiture for teaching without cer- 

2. lascrucfcors to inculcate morality, tilicate. 

justice, aud patriotism. j 4. Same subject. 

1. Every teacher of a public school shall keep a school 
register, containing the names of all the scholars who enter 
the school, their ages, the date of each scholar's entering 
and leaving, the number of days each attended, the length 
of the school, the teacher's wages, a list of text-books 
used, and all other facts required by the blank form fur- 
nished under the provisions of law ; such register shall at 
all times be open to the insi3ection of the school commit- 
tee, and be returned to them at the close of the school. 
No teacher shall be entitled to pay for his services, until 
the register of his school, properly filled up, completed, 
and signed, is deposited with the school committee, or 
with a person designated by them to receive it. R. S. c. 
11, § 96. 



184 MAINE TOWNSMAN. 

2. The presidents, professors, and tutors of colleges, the 
preceptors and teachers of academies, and all other in- 
structors of youth, in public or private institutions, shall 
use their best endeavors to impress on the minds of the 
children and youth committed to their care and instruc- 
tion, the principles of morality and justice, and a sacred 
regard for truth ; love of country, humanity, and a univer- 
sal benevolence ; sobriety, industry, and frugality ; chas- 
tity, moderation, and temperance ; and all other virtues 
which are the ornaments of human society ; and to lead 
those under their care, as their ages and capacities admit, 
into a particular understanding of the tendency of such 
virtues to preserve and perfect a republican constitution, 
and secure the blessings of liberty, and promote their fu- 
ture happiness ; and the tendency of the opposite vices, to 
slavery, degradation, and ruin. lb. § 97. 

3. Any person who teaches a district school without 
first obtaining a certificate from the superintending school 
committee of the town, shall forfeit not exceeding the sum 
contracted for his daily wages, for each day he so teaches, 
and shall be barred from receiving any pay therefor; 
and no certificate shall be valid for more than one year 
without the approval of the superintending school com- 
mittee annually indorsed thereon. lb. § 98. 

4. A person who instructs a town school without the 
statute certificate from the superintending school commit- 
tee, cannot recover his wages against the town. And if 
for the year in which such school is kept, no committee 
has been chosen, such omission will not aid the plaintiff to 
recover. Nor can such teacher collect his wages from the 
agent who employed him, although the district itself might 
not, in all respects, have been originally legally estab- 
lished, or such agent might not have been sworn. 37 
Maine, 367. 



SCHOOLS IN PLANTATIONS. 



185 



CHAPTER LV. 



SCHOOLS IN PLANTATIONS ORGANIZED FOR ELECTION 
PURPOSES. 



1. Plantations have power to form 

school districts. 

2. District meetings in plantations, 

liow called. 



3. May raise money and choose com- 
mittees. 



1. Plantations have the same powers and liabilities as 
towns, for the formation of districts, electing committees 
or supervisors, treasurers, collectors, or school agents, and 
for raising, assessing, and collecting school money, not 
exceeding one dollar for each inhabitant, to be appor- 
tioned and exi^ended as in towns; and the districts 
therein shall elect school-district officers, whose powers 
and duties shall be the same as those of like officers in 
town. The assessors of plantations may take a census of 
the inhabitants thereof, at the expense of the plantation, 
and when so taken, the money raised therein for schools 
shall be upon the basis of such census, and not upon the 
census of the State. R. S. c. 11, § 99. 

2. School-district meetings shall be called by the as- 
sessors of the plantation, on the written application of 
three or more legal voters in the district, stating the 
reasons and objects thereof, and notice shall be given as 
for meetings in town districts. lb. § 100. 

3. Such districts, at meetings called for the purpose, 
may raise money and choose committees to hire, buy, or 
build a school-house for their use ; and the plantation 
assessors shall make a valuation of the real and personal 
estate in the district, whether owned by residents or not, 
including wild lands, and assess the money so raised on 
the polls and estates, and commit the tax to the collector, 
who shall collect it and pay it to the treasurer. lb. §101. 



186 



MAINE TOWNSMAK. 



1 



CHAPTER LVI 



GENEEAL PROVISIONS RELATIVE TO EDUCATION. 



1. Superintendent of schools. 

2. Superintendent to prepare blank 

returns. 

3. To notify delinquent committees. 



4. His duty. 

5. Same subject. 

6. Disturbing schools, penalty. 

7. Parents and guardians liable. 



1. The governor and council shall appoint a State 
superintendent of common schools, who shall be duly- 
sworn and continue in office three years, or during the 
pleasure of the executive. R. S. c. 11, § 102. 

2. The superintendent of common schools shall prepare 
and- print blank forms for all returns required by law, or 
deemed by him necessary, and shall, on the first day of 
March in each year, forw^ard to the clerk of the several 
cities, towns, and plantations, blanks for the annual school 
returns, and registers for the school year commencing on 
the first day of April f ollow^ing ; and said clerk shall forth- 
with deliver the same to the superintending school com- 
mittee of his city, town, or plantation. lb. § 105. 

3. The superintendent of common schools shall, on the 
first day of June, notify the school committee of any town 
whose returns were not received at his office in May, and 
shall annually ascertain on the first day of July, the num- 
ber of children between four and twenty-one years of age, 
in the towns from wdiich returns are received, and furnish 
a list thereof to the State treasurer. lb. § 106. 

4. An office shall be provided for him at the seat of 
government, where he shall preserve all school reports of 
this State and of other States which he may receive, the re- 
turns of the school committees of the various towns, and 
such books, apparatus, maps, charts, works on education, 
plans for school buildings, models, and other articles of 
interest to school officers and teachers as may be procured 
without expense to the State. 

5. Among the duties assigned him by law, he is to ob- 
tain information as to the school systems of other states 
and countries, and the condition and progress of common 
school education throughout the world ; to disseminate this 
information, with such practical hints upon the conduct 



PROVISIONS RELATIVE TO EDUCATION. 187 

of schools and the true theory of education as observation 
and investigation convince him to be important, by public 
addresses, circulars, and articles prepared for the press ; 
and to do all in his power to awaken and sustain an inter- 
est in education among the people, and to stimulate teach- 
ers to well directed efforts in their work, and to take such 
measures as he deems necessary to secure the holding of 
a State educational convention once each year, with a 
view of bringing together the teachers, school committees, 
and friends of education, for consultation with reference 
to the interest of common schools and the most approved 
method of instruction. 

If sufficient encouragement is afforded by the citizens, 
to hold in each county once during each year a public 
meeting or institute for teachers and educators. lb. § 104. 

6. If any person, whether he is a scholar or not, enters 
any school-house or any other place of instruction during 
or out of school hours, while the teacher or any pupil is 
there, and willfully interrupts or disturbs the teacher or 
pupils by loud speaking, rude or indecent behavior, signs 
or gestures ; or willfully interrupts a school by prowling 
about the building, making noises, throwing missiles at 
the school-house, or in any way disturbing the school, he 
shall forfeit not less than two nor more than twenty dol- 
lars, to be recovered as aforesaid, or by complaint before 
a trial justice. lb. § 114. 

7. If a minor injures or aids in injuring any school- 
house, out-buildings, utensils, or appurtenances belonging 
thereto ; defaces the walls, benches, seats, or other parts 
of said building by marks, cuts, or otherwise ; or injures 
or destroys any property belonging to a school district, 
such district, by its agent or committee, may recover of 
his parent or guardian double the amount of damages 
occasioned thereby. lb. § 115. 



188 



MAINE TOWNSMAN. 



CHAPTER LVII. 



PARISHES. 



1. Mode of calling a meeting to form 

a parish ; forms. 

2. Organization. 

3. FoVer to hold property and estab- 

lish by-laws. 

4. Annual and other meetings. 

5. Powers of moderator. 

6. When meetings may be called. 

7. How meetings called, if assessors 

refuse. 

8. Parish meetings, how called in 

case none held for three years. 

9. Parishes may raise money to build, 

repair, or remove houses of pub- 
lic worship, and for parish 
charges. 

10. How assessed on pews, 

11. Payment enforced by sale of pews. 

12. Owner may direct as to appropria- 

tion of his pew-tax. 

13. Parishes may procure insurance on 

meeting-houses. 

14. Manner of admission to a parish. 



15. Persons residing in parishes having 

funds derived from State, to be 
deemed members; may become 
members of other parishes by 
written notice. 

16. No person compelled to belong to 

a parish. 

17. Territorial parishes continued. 

18. Certain persons not entitled to vote 

at meeting. 

19. Church wardens, &c., to be deem- 

ed corporations. 

20. Ministers, and oflScers of religious 

societies without settled minister, 
may take donations. 

21. Conveyances. 

22. Records open to inspection. 

23. Parishes may appoint their trea- 

surer, collectors, and authorize 
discounts. 

24. Overseers of monthly Quaker 

meetings to hold grants as a cor- 
poration. 



1. Any persons of the age of twenty-one years or more, 
desirous of becoming an incorporated parish or religious 
society, may apply to a justice of the peace of the county, 
in which a majority of them reside, who shall issue his 
warrant to one of them, directing him to notify the other 
applicants to meet at some proper place expressed in such 
warrant ; and he shall give notice of such meeting seven 
days at least before holding the same, by posting a notifi- 
cation thereof on the outer door of the meeting-house or 
place of public worship of such society, if any, otherwise 
at such place as the justice appoints. R. S. c. 12, § 1. 

The form of application to a justice may be as follows : 

To A. B., Esquire, one of the justices of th^ peace in 
and for the county of . 

The subscribers, desirous of becoming an incorporated 
parish [or a religious society^ as the case tnay he\ under 

the name of the society of the town of , request 

you to issue a warrant to one of said applicants hereby 
applying to you, directing him to call a meeting of said 



applicants, to be held at 



in the town of • 



on the 



PARISHES. 189 

■ day of , at o'clock in the ^noon, for the 

following objects, to wit : [here state the purposes of the 
intended meeting']. 

Dated at , this day of -, a. d. 18 — . 

E. G., and seven others. 

The form of a warrant to call a meeting may be as fol- 
lows : 



STATE OF MArN:E. 



ss. 



To E. G., of ^5 in said county : greetln-g. 

Whereas E. G. and other persons, associated to 

form an incorporated parish [or religious society'] in the 

town of , under the name of , having applied to 

me , one of the justices of the peace in and for said 

county, requesting me to issue a warrant, directed to one 
of said applicants, directing him to call a meeting of said 
persons, according to law, to act upon the lollowing ob- 
jects, to wit : [here state the purposes of the meeting]. 
You are hereby directed to notify a meeting of said per- 
sons, according to law, to be held at , in said town, on 

the day of , at o'clock in the ^noon, for 

the purposes aforesaid. 

Given under my hand, at said ^ this day of 

,18 — . A. 'B.^ Justice of the Peace. 

The form of notification may be as follows : 

Pursuant to the foregoing warrant to me directed, I 
hereby notify said persons to meet at the time and place, 
and for the purposes aforesaid. 

Dated at , this day of , 18 — . 

E.G. 

The form of return of notification may be as follows : 

This certifies, that I posted up the aforesaid notification 
on the outer door of the meeting-house of said society 

[or state the place appointed by the justice], on the 

day of , and on the same day I posted a hke notifica- 
tion at , in said town. E. G. 

2. Such persons so assembled may choose a clerk and 



190 MAINE TOWNSMAN. 

other needful parish officers, and shall thereupon be a cor- 
poration, bear the name they assume, and have all the 
powers of parishes and religious societies. R. S. c. 12, § 2. 

3. Every parish may take by gift or purchase any real 
or personal estate, until the clear annual income thereof 
amounts to three thousand dollars ; and convey the same ; 
and establish by-laws not repugnant to the laws of the 
State. lb. § 3. 

4. The annual or other meetings of such parish may be 
called by its assessors, or clerk, to be held at the time and 
place in the town where they are usually held ; and notified 
as prescribed in the first section, or in the manner agreed on 
by its vote ; and at such meeting, they may choose a clerk, 
who shall be sworn, two or more assessors, a collector, 
treasurer, standing committee, and all other needful officers. 

The assessors shall manage the prudential concerns of 
the parish, when no other persons are appointed for that 
purpose, and shall be duly sworn. lb. § 4. 

5. The moderator of any meeting shall have power to 
preserve order, manage the business, and administer the 
oath to the clerk and the assessors. lb. § 5. 

6. When five members of any parish in writing request 
the assessors to call a meeting, or insert any particular ar- 
ticle in the warrant therefor, they shall do so. lb. § 6. 

7. If they unreasonably refuse to do so, any justice of 
the peace in the county on like apphcation may issue his 
warrant to one of the applicants, who shall notify such 
meeting as prescribed in the first section, or as agreed on 
by parish vote. lb. § 7. 

8. When there has been no meeting of such parish or 
society for three years, a meeting may be called as pro- 
vided in section thirty-four, chapter twelve, of Revised 
Statutes. lb. § 8. 

9. Every parish, at a legal meeting, may raise money 
for the support of the public ministry of religion, foi 
building, repairing, or removing houses of public worship, 
and for other necessary parish charges ; and it may be as- 
sessed and collected as State taxes are. lb. § 9. 

10. When a house of public worship belongs to a par- 
ish, or it and the fee of the land on which it stands, is 
vested in trustees for the use of a parish, such parish may 
assess any money raised as aforesaid, wholly or partly, on 
the pews or seats, whether owned by members of such 
parish or religious society or not ; and the owners may be 
present and vote in raising such money. lb. § 10. 



PARISHES. 191 

11. When taxes on pews and seats remain unpaid for 
six months after their assessment, the treasurer shall sell 
them at auction, first posting notice thereof at the princi- 
pal outer door of such house of worship, three weeks 
before the time of sale, stating the numbers, if any, of the 
pews or seats and the amount of tax on each ; and shall 
execute and deliver a deed thereof to the purchaser, and 
pay to the owner the overplus, after deducting the amount 
of tax and incidental charges. lb. § 11. 

12. Whenever a parish or church raises its current expenses 
by assessment on its pews, any pew owner therein who shall 
not occupy his pew, either by himself or family, or rent the 
same, may give a written notice to the clerk of the parish or 
church, or to the parish committee or assessors, of his intention 
not to occupy said pew for one year following the next annual 
meeting of said parish or church, in which case said pew owner 
shall not be liable for any tax assessed on said pew during said 
year. lb. § 12. 

13. A parish in the actual occupancy of a church, meet- 
ing-house, or other building^ used for religious purposes, 
may insure it against loss by fire. And in case of such 
loss the company insuring shall not deny the occupancy 
of the parish, its legal existence, or its right to maintain 
an action on the policy. The money so recovered shall 
be held by the parish in trust for repairing or'restoring the 
building, and so applied. lb. § 13. 

14. A person may become a member of a parish or re- 
ligious society by vote thereof at a legal meeting of either 
sex and lawful age. lb. § 14. 

15. Any person of age, residing in a local parish holding 
funds derived from this State or Massachusetts, shall be 
deemed a member of it, until he dissolves the connection ; 
and any such person having resided in such parish one 
year, and after he has arrived to the age of majority, with- 
out either giving written notice to its clerk of his consent 
to be a member thereof, or paying a tax, or subscription 
according to the mode the said parish may have adopted 
to raise money for lawful purposes, shall be deemed to have 
thereby dissolved his connection therewith; and said con- 
nection shall remain dissolved, and said person shall not 
be taxable until he renews the connection by giving writ- 
ten notice to its clerk of his consent to be a member of 
said parish ; and any person residing in a local parish may 
become a member of such parish not deriving funds from 
the State, by giving written notice to its clerk of his in- 
tention to do so within one year after he is of age or re- 
moves thereto. lb. § 15. 



192 MAINE TOWNSMAN. 

• • 

16. No person shall be a member of a parish or relig- 
ious society without his consent; and any person may 
dissolve his connection therewith by leaving with its 
clerk a certificate of his intention to do so ; and all his 
liability for future expenses shall thereby cease ; but he 
may be taxed for money previously raised, except in case 
of removal from a local parish. lb. § 16. 

17. No territorial parish is hereby dissolved ; and when 
one or more parishes are set off from a town, or incorpor- 
ated therein, as aforesaid, the remaining part shall be the 
first parish. lb. § 18. 

18. 'No person shall vote in meetings of any territorial 
parish who is not the owner or occupant of a pew in its 
house of worship, nor contributes to its support. lb. § 17. 

19. The church wardens of Episcopal churches, the 
stewards or trustees of the Methodist Episcopal churches, 
and the deacons of all other protestant churches, are so 
far corporations as to take in succession, all grants and 
donations of real and personal estate, made to their 
churches or to them and their successors ; and if the 
ministers, elders, or vestry are joined with them in such 
grants or donations, the two classes of officers shall be 
corporations for that purpose. lb. § 19. 

20. The ministers of a parish or religious society, and 
the deacons, elders, trustees, stewards, and other presiding 
officers of a religious society or church having by its 
usages no settled minister, may take in succession any 
estate granted to the minister and his successors, or for 
the use of the ministry, or poor of the church ; and may 
prosecute and defend all suits respecting it, but they shall 
not so take, while the clear annual income of prior grants 
is three thousand dollars. lb. § 20. 

21. No conveyance of such estate by a minister shall 
be valid longer than he is in the ministry ; or by such 
deacons, or other officers, longer than they are in office, if 
made by them without consent of the church, or by 
church wardens without the consent of the vestry. lb. 
§21. 

22. The records of a parish shall be open to the 
inspection of its members and to clerks of other parishes; 
and each clerk shall furnish attested copies thereof, on 
request, for a reasonable compensation. lb. § 22. 

23. When a parish or religious society lawfully raises 



PARISHES. 193 

money by taxation, it may appoint its treasurer a col- 
lector of taxes, who shall have the same powers as a 
town treasurer who is collector ; and it may allow a sim- 
ilar discount on taxes paid within time fixed by it at a 
legal meeting, and the treasurer shall give like public 
notice thereof; and all other taxes shall be collected by 
him as town taxes are. When such treasurer and col- 
lector is qualified, the assessors shall deposit with him a 
libo of the taxes with their warrant for their collection. 
lb. § 23. 

24. The overseers of each monthly meeting of the 
Quakers may take and hold, in succession, all grants of 
real, personal, or mixed estate made to them, to or for 
the use of their monthly meetings, to the preparative 
meetings constituting them, or to the poor thereof; and 
also all grants of real estate situated within the limits of 
their monthly meetings, and donations of personal estate 
given by persons living within said limits, made to or for 
the use of any of the quarterly meetings of said Quakers, 
to said overseers for their use, or to the poor thereof; 
and may convey and manage such estate according to 
the terms and conditions on which it was given; and 
may sue in their own names for any right that has vested 
in any of the said grantees or donees ; provided^ the an- 
nual income thereof to one meeting for such uses does not 
exceed five thousand dollars. These powers may be en- 
larged, restrained, or repealed by the, legislature. lb. § 24. 
13 



194 



MAINE TOWNSMAN. 



CHAPTER LVIII. 



MEETING-HOUSES. 



1. Parishes may become owners of 

pews. 

2. Owners of pews dissenting; pro- 

ceedings. 

3. Pers )ns may incorporate to hold 

mjeting-house. 

4. Owners may repair or dispose of 

mj-etiiig-houses. 

5. Appraisals, proceeds of sale, how 

dispoied of. 

6. Proprietors dissenting. 

7. Owners of meeting-houses and of 

pews may incorporate themselves. 



8. Mode of calling a meeting for that 

purpose. 

9. Corporate rights and powers. 

10. Meeting of pew-holders, &c. 

11. Minority of different denomina- 

tions may have division of time. 

12. Mode of proceeding. 

13. Proportion of minority to be ap- 

praised. 

14. Expenses, how paid. 

15. Minority may occupy their por- 

tion of time. 



1. When it is deemed expedient by any organized 
parish to become the owner of the pews in any meeting- 
house used by it as a place of regular worship, a meeting 
of the owners and occupants thereof may be called as 
provided in section six, and a majority of such pew- 
owners and occupants may vote to convey the pews by 
them owned or occupied, to such parish. li. S. c. 12, § 25. 

2. Any owner or occupant of a pew in such meeting- 
house, who shall express his dissent, from such vote in 
writing, to the parish clerk within one month from such 
meeting, shall have his pew appraised as provided in sec- 
tion twenty-nine, and the appraised value shall be 
tendered to him, and he shall then deliver a deed of such 
pew to the parish. If such dissent is not exjDressed, said 
pew shall be forever forfeited to the parish. lb. § 26. 

3. Any persons, for the purpose of erecting a meeting- 
house, or the majority in interest of the owners of a 
meeting-house, not a parish, may incorporate themselves 
the same as parishes may; and choose all officers and do 
all other acts that a parish may lawfully do. lb. § 27. 

4. A majority of the pew-owners or proprietors of a 
meeting-house present at a legal meeting called for that 
purpose may repair, remodel, or sell and convey their 
house or the land used with it, or remove or rebuild it. 
Any meeting relating thereto may be called as provided 
in section thirty-one ; or by publishing the warrant in a 
newspaper printed in the county, at least fourteen days 
before the meeting. lb. § 28. 



MEETING-HOUSES. 195 

5. Before such alteration or sale is made an appraisal 
of the relative value of the pews shall be made by three 
discreet persons, under oath, to be elected by ballot at a 
legal meeting of said owners or proprietors. If a sale of 
said house and land is made, it may be private or public, 
as such meeting determines, and the proceeds shall be 
applied to pay the expenses of said sale and the debts 
and just claims against the property ; and the balance 
shall be paid to the pew-owners or proprietors in propor- 
tion to their interests, by the appraisal. If the meeting- 
house is altered or rebuilt, the appraisers, after the work 
is completed, shall assign to the former pew-holders pews, 
to conform as near as practicable to those previously 
held by them ; and the other pews may be sold to defray 
the expenses of the repairs and alterations, or otherwise 
disposed of as th3 proprietors or pew-owners determine. 
They may choose officers, raise and assess taxes on the 
pews, and collect them for the purpose of making such 
repairs and alterations, and do all things that a parish 
can lawfully do, and appoint some suitable agent or 
agents to make such sale and conveyance, or repairs and 
alterations, and a treasurer or trustees to receive and dis- 
tribute the proceeds of sale in manner aforesaid. lb. § 29. 

6. When it is decided to repair, remodel, or rebuild a 
meeting-house, any owner or proprietor dissenting from 
the action of a majority and declining to take any 
interest in the house as altered, may demand and receive 
of such majority the appraised value of his interest, after 
deducting his proportion of debts against the property, 
to be recovered in an action for money had and received; 
which shall not be commenced till thirty days after such 
demand, nor after the lapse of a year afcer notice is 
posted three succes^ve weeks on the meeting-house door 
and some other conspicuous place, in its precinct, stating 
the persons to whom the money i.^ to be paid, the 
amount to each, and the time limited for payment. If 
said sums are not demanded within said time, it is for- 
feited to the majority for parish uses. lb. § 30. 

7. The owners of a meeting-hous'> or building for pub- 
lic worship, and the pew-owners, may be incorporated, 
when any three or more of them apply to a justice of the 
peace therefor, who shall issue his warrant to one of them 
stating the time, place, and purpose of the meeting, and 
directing him to notify said owners by posting up a cer- 



196 MAINE TOWNSMAN. 

tified copy of it fourteen days on the principal outer 
door of such building and in one or more other public 
places in the same town. lb. § 31. 

8. When so assembled, they may choose a moderator 
and clerk, who shall perform the usual duties of such offi- 
cers ; and thereupon said owners shall be a corporation, 
and known by such name as they adopt, and may agi^ee 
on the mode of calling future meetings. lb. § 32. 

9. Such corporation, by a major vote of its members, 
may use and control the meeting-house or building for 
public worship, partly or wholly owned by them, as they 
please ; but nothing in this and the two preceding sec- 
tions shall affect the rights of owners of houses of worship, 
built by different religious denominations. lb. § 33. 

10. When there has been no meeting of the incorporated, 
pew-owners, or jDroprietors or owners of a meeting-house 
or building for pubUc worship, for three years, a meeting 
may be called on application of three or more members 
thereof to a justice of the peace, who shall issue his war- 
r'ant to one of them, stating the time, place, and purpose of 
the meeting, directing him to notify such meeting by 
posting up a certified copy of said warrant, three weeks 
before the time of meeting, on the princij^al outer door of 
such meeting-house or building, and in one or more public 
places in the same town, and publishing it in a newspaper 
published in the county, if any, otherwise in an adjoining 
county, or in the State paper. lb. § 34. 

11. When a house of public worship is owned by per- 
sons of different denominations, and when an organized 
society, or its members own five jdcws therein, one or 
more of the minority owning not less than five pews may 
apply to a justice of the peace and quorum, to obtain a 
division of the time of occupying the house; and he shall 
call a meeting of the owners by posting up a notice in a 
public place in Or about the house, thirty days at least 
before the meeting, stating the time, place, and object of 
the meeting. lb. § 35. 

12. At such meeting the owners, who are not appli- 
cants, or if they refuse or neglect, the justice who called 
the meeting, may designate another justice, and the two 
may appoint a third person, who is disinterested, and not 
an inhabitant of the town in which the house is located, 
or belonging to the denomination of either party inter- 
ested ; and the three shall be a board, before which the 



MINISTERIAL AND SCHOOL-LANDS, AND FUNDS. 197 

owners may exhibit the amount they own in the house ; 
and the minority owning at least five pews shall have 
their part allotted to them, as nearly as may be, in pro- 
portion to the amount they own in the house ; and the 
board shall designate which weeks in each year the mi- 
nority, if they please, may occupy the house ; if they do 
not, the majority may. lb. § 36. 

13 The board shall appraise the value of the minority's 
prop.ortion of the house, make a record of their proceed- 
ings, and within ten days cause it to be transcribed into 
the records of the town where the house is. lb. § 37. 

14. All their reasonable expenses shall be paid by the 
person or persons who requested the division; but the 
above provisions shall not affect any agreement now in 
force, as to the mode of occupying such house. lb. § 38. 

15. The minority may occupy the house their allotted 
time, unless the majority purchase their interest, by pay- 
ing the minority the sum, at which it was appraised by 
the board ; but if the minority decline so to sell, they 
shall not avail themselves of the provisions of the four 
preceding sections. lb. § 39. 



CHAPTER LIX. 



MINISTERIAL AND SCHOOL-LANDS, AND FUNDS. 



1. Fee in ministerial and school-lands, 

low vested. 

2. Sekctmen, town clerk, and treas- 

urer to be trustees. 

3. Trustees shall choose their officers 

annually. 

4. Powers of such trustees. 

5. Funds to be placed.on interest. 

6. Trustees may hold estate for use of 

the ministry and schools. 

7. Income of funded property, how 

applied. 



8. Incorporated trustees may transfer 

funds to selectmen, clerk, and 
treasurer. 

9. Trustees to account annually to the 

town. 

10. If lands are vested in a parish, the 

assessors, clerk, and treasurer to 
be trustees. 

11. First meeting of trustees, how 

called. 



1. Where lands have been granted or reserved for the 
use of the ministry, or first-settled minister, or for the use 
of schools, in any town in this State, and the fee in these 
lands has not vested in some particular parish within such 
town, or in some individual, it shall vest in the inhabi- 
tants of such town and not in any particular parish there- 
in, for such uses. R. S. c. 12, § 40. 



198 MAINE TOWNSMAN. 

2. The municipal officers, town clerk, and treasurer of 
each town where no other trustees are lawfully appointed 
for that purpose, shall be a corporation and trustees of 
such ministerial and school funds forever, with the usual 
powers granted to similar corporations. lb. § 41. 

3. They shall annually elect a president, clerk, and 
treasurer; the treasnrer shall give bond with sufficient 
sureties in the opinion of the trustees, for the faithful dis- 
charge of his duty; and the clerk shall be duly sworn, 
lb. § 42. 

4. They may sell and convey all such ministerial and 
school-lands belonging to and lying in their town ; and 
the treasurer's deed thereof duly executed by order of the 
trustees, shall pass the estate. lb. § 43. 

5. As soon as may be, they shall place the proceeds of 
sale at interest secured by mortgage of real estate of twice 
the value of the principal, or by bond or note with suffi- 
cient sureties, or invest them in bank-stock or public 
securities. lb. § 44. 

6. They may take and hold real or personal estate, by 
gift, grant, or otherwise, for the use of the ministry in 
their towns, the annual income of which does not exceed 
one thousand dollars; and for the use of schools, the 
annual income of which does not exceed the sum, which 
their town is bound to raise for the same use. lb. § 45. 

7. The income of the fund, arising from the sale of 
lands under section forty-three, and from the rents and 
profits of real and personal estate held under section forty- 
five, shall be annually applied to the support of public 
schools in the town, and expended as other school money 
is. lb. § 46. 

8. The trustees of any ministerial or school fund in this 
State, incorporated by the legislature of Massachusetts, 
may by consent of the town for whose use the fund Avas 
established, transfer it to the municipal officers, clerk,' and 
treasurer thereof, who are hereby made trustees thereof; 
and the income shall be annually applied and expended 
as provided in the preceding section. lb. § 47. 

9. At each annual meeting of their town, the trustees 
shall exhibit an account of their proceedings, and a state- 
ment of the funds, receipts, and expenditures, and of the 
application thereof to said uses. lb. § 48. 

10. When such lands are vested in a parish, the asses- 
sors, clerk, and treasurer, where no other trustees are 



MINISTERIAL AND SCHOOL-LANDS AND FUNDS. 199 



appointed for that purpose, shall be a corporation and 
trustees of such ministerial fund forever, with like powers 
and under like liabilities, as the municipal officers, town 
clerk, and treasurer ; pay the annual income of such lands 
and of the proceeds of their sale according to the terms 
of the grants and reservations by which they were so 
vested; and at each annual meeting for choice of parish 
officers, exhibit an account of their proceedings, and a 
statement of funds, receipts, and expenditures. lb. § 49. 
11. The first meeting of the trustees may be called by 
seven days personal notice of the time and place tbereofj 
given by one of them to all the others. lb. § 50. 



TITLE VI. 

OF PAUPERS. 

Chapter 60. Settlement of paupers. 

Chaptee 61. Legal decisions relating to settlement of paupers. 

Chapter 62. Duty of towns relative to the poor. 

Chapter 63. Overseers of the poor. 

Chapter 64. Duty of kindred to poor relations. 

Chapter 65. Bastards. 

Chapter 66. Insane persons. 

Chapter 67. Town houses of correction. 

Chapter 68. Work-houses. 



i 



CHAPTER LX. 



SETTLEMENT OF PAUPERS. 



1. Settlement. 

2. Settlement remains till new one ac- 

quired. 



Settlement, revision of laws does 
not affect. 



1. Settlements, subjecting towns to pay for the support 
of persons on account of their poverty or distress, are ac- 
quired as follows : R. S. c. 24, § 1. 

First. A married woman has the settlement of her hus- 
band, if he has any in the State ; if he has not, her own 
settlement is not affected by her marriage. When it ap- 
pears in a suit between towns involving the settlement of 
a pauper, that a marriage was procured to change it by 
the agency or collusion of the officers of either town, or 
any person having charge of such pauper under authority 
of either town, the settlement is not affected by such mar- 
riage. 

Second. Legitimate children have the settlement of 
their fither, if he has any in the State, if he has not, they 
have the settlement of their mother within it ; but they 

(200) 



SETTLEMENT OF PAUPERS. 201 

do not have the settlement of either, acquired after they 
are of age and have capacity to acquire one. 

Third. Children, legitimate or illegitimate, do not ac- 
quire a settlement by birth in the town where they are 
born. Illegitimate children have the settlement of their 
mother, at the time of their birth, but when the parents 
of such children, born after March 24, 1864, intermarry, 
they are deemed legitimate and have the settlement of 
the father. 

Fourth. Upon division of a town, a person having a set- 
tlement therein, and absent at the time, has his settlement 
in that town, which includes his last dwelling-place in the 
town divided. When part of a town is set off from it, 
and annexed to another, the settlement of a person absent 
at the time of such annexation is not affected thereby. 
"When a new town, composed in part of one or more 
existing towns, is incorporated, persons settled in such 
existing town or towns, who have begun to acquire a 
settlement therein, and whose homes were in sucli new 
town at the time of its incorporation, have the same rights, 
incipient and absolute, respecting settlement, as they 
would have had in the town where their homes formerly 
were. 

Fifth. A minor who serves as an apprentice in a town 
four years, and within one year thereafter sets up such 
trade therein, being then of age, has a settlement therein. 
Sixth. A person of age, having his home in a town five 
successive years without receiving, directly or indirectly, 
supplies as a pauper, has a settlement therein. 

Seventh. A person having his home in a town on March 
twenty-one, eighteen hundred and twenty-one, without 
having received supplies as a pauper within one year be- 
fore that date, acquired a settlement therein. 

Eighth. Persons having their homes in an unincorpo- 
rated place for five years without receiving supplies as a 
pauper, and having continued their homes there to the 
time of its incorporation, acquire settlements therein. 
Those having homes in such places less than five years 
before incorporation, and continuing to have them there 
afterwards, until five years are completed, acquire settle- 
ments therein. 

2. Settlements acquired under existing laws, remain 
until new ones are acquired. Former settlements are de- 
feated by the acquisition of new ones. lb. § 3. 



202 MAINE TOWNSMAN. 

3. Persons who have begun to acquire settlements un- 
der existing laws, are not to be affected by a repeal of 
them, and a re-enactment of their provisions in substance. 
lb. 9. 



CHAPTER LXr. 

LEGAL DECISIONS RELATIVE TO THE SETTLEMENT OF PAUPERS. 

It is believed that the following notes of decisions will 
greatly aid town officers in determining various questions 
of settlement that are frequently presented for their de- 
cision. 

Marriage within the degrees of consanguinity, or where 
the wife has a husband or the husband a wife living, 
knowing such husband or wife to be alive, shall be void ; 
and no settlement can be gained thereby. 4 Greenl. 292. 

A divorce destroys every settlement that is only par- 
tially acquired. 13 Maine, 225. 

The wife gains no settlement by residing with her hus- 
band unless he gains a settlement, though the husband is 
married to another woman. 1 Greenl. 196. 

The settlement of a wife follows that of her husband 
until a divorce is decreed, though they live separate and 
though the husband is married to and living with another 
woman. 13 Maine, 225. 

The marriage of a woman with a man who is non 
compos is not valid so as to change her settlement. 12 
Mass. 365. 

If the husband does not reside in a town long enough 
to gain a settlement, and dies, his widow cannot acquire 
a settlement by residing there during the space within 
which, if the husband had lived, he would have gained a 
settlement. 15 Maine, 434. 

Legitimate children are considered as emancipated at 
the age of twenty-one years ; but if their health is such 
that it is proper that they should remain under the care 
of their parents, they are not to be considered as emanci- 
pated. 3 Greenl. 338. 

A child not emancipated follows the settlement of the 
father. 4 Mass. 496. A daughter under twenty-one 



SETTLEMENT OF PAUPERS. 203 

years of age is emancipated by marriage. 13 Mass. 469. 
But a son under that age is not so emancipated. 15 
Mass. 203. 

If the father have a settlement in this State, and dies, 
his legitimate minor children retain that settlement until 
they gain one for themselves, even if their mother 
acquires a new settlement ; but if the father have no 
settlement in this State, the settlement of the minor chil- 
dren will follow that of the mother. 7 Greenl. 90. The 
rule as to illegitimate children is different. 6 lb. 123. 

A person becoming 7ion compos after coming of age, 
does not follow the settlement of his flxther. 3 Pick. 173. 

The illegitimate oion compos child of a non compos 
mother is considered as emancipated. 5 Greenl. 123. 

A minor emancipated may gain a settlement. 3 lb. 220. 

If an alien married and then left the State without an 
intention of returning, but afterwards tried to induce his 
child to live with him out of the State, the child was not 
emancipated so as to gain a settlement of his own right 
while a miuor. 4 lb. 292. 

An illegitimate child retains the settlement of its 
mother at the time of its birth; and when emancipated 
can gain a settlement, but not until emancipated from 
the control of the mother. 1 Fairf 356. 

There is no distinction between legitimate and illegiti- 
mate minor children, as to their power to acquire a settle- 
ment in their own right. 2 lb. 458. 

The marriage of the parents of an illegitimate child 
after its birth will not render the child legitimite. But 
this does not apply to a child born during the wedlock, 
though begotten before. 1 N. H. 261. 

The pauper must have his settlement in the town at the 
time of its division ; but it is not material whether he 
then resides in the town or not. 3 Greenl. 390. 

An alien gains no settlement by dwelling in the town at 
the time of its incorporation. 1 lb. 196. 

Whoever moves into a town, intending to dwell there 
an indefinite time, establishes his home therein. 13 
Maine, 235. 

A pauper whose settlement was acquired by residence 
in a part of the town afterwards incorporated into a new 
town, but whose home was in the part remaining at the 
time of division, does not have a new settlement by the 
act of incorporation. 21 lb. 442. 



204 MAINE TOWNSMAN. 

The Tvords "having resided" in any town mean, having 
his home in such town : " Two years together," mean un- 
interrupted residence. 11 Mass. 394. 

A temporary residence, without an intention to change 
the residence, will not prevent a settlement. 7 Mass. 1. 
But if during any part of the five years one had removed 
into another place for ever so short a period, it prevents 
his Graining a settlement. 21 Maine, 334. 

When any person has been absent, however short, with 
the intention of changing his residence, it will prevent 
the gaining of a settlement. 11 Mass. 394. 

Also, if during that time the person has been supported 
as a pauper by the town in which his settlement then was, 
13 lb. 460. 

Also, if such person is committed to jail, and relieved 
as a pauper by the jailer. 12 Pick. 1. 

A settlement will be gained by such residence, although 
the wife of a person has been supported in another town, 
if it was done without his knowledge or consent. 19 
lb. 480. 

Also, if his wife and children have resided in another 
State, and he has occasionally visited them. 13 Mass. 
501. 

The word "settlement," in. reference to paupers, has 
become technical ; when it is. said that a person has his 
settlement in a particular town, the meaning is, that he 
has, in case of need, a right to support from the inhabi- 
tants of that town. 19 Maine, 300. 

Domicile dej^ends on residence and intention ; both are 
necessary to constitute it; and where it is once fixed, it is 
to continue until a determination to reside elsewhere has 
been carried into effect. 21 lb. 334. 

There is a marked distinction between the place of res- 
idence and the place of legal settlement. The latter 
cannot be changed without acquiring a new one. The 
former may be abandoned without evidence that another 
residence has been secured. 19 lb. 375. 

Children living separate from the father on account of 
his poverty, the parental and filial relations still subsisting^ 
are under the parent's care; and supplies furnished them 
are, indirectly, supplies furnished him. 19 lb. 441. 

Insanity occurring after a residence has been estab- 
lished will not prevent the acquisition of a settlement^ if 
the residence be continued five years without the receiv- 
ing of pauper supplies. 33 lb. 427. 



SETTLEMENT OF PAUPERS. 205 

When a town in whicli an insane person was resident^ 
has incurred expense in maintaining him at the insane 
hospital, such town, in order to recover for such expenses 
agaiost the town of the pauper's settlement^ must notify 
the defendant town in the mode prescribed in the general 
pauper law. Under that law, the notice must be signed 
in the name of the overseers of the poor, or of some one 
of them in their behalf. A notice signed in the name of 
some other person in their behalf is not sufficient. lb. 
453. 

Where the only evidence of the residence of a pauper 
showed that his home was in a particular family, it is n.^t 
erroneous in the judge to instruct the jury that, in order 
to justify them in finding a residence^ it must be proved 
that he was a member of that family. ^"0 one cxn be- 
come such a member, so as thereby to gain a legal resi- 
dence, unless voluntarily, and by consent of the family. 
34 lb. 310. 

Upon the division of any town, and the incorporation 
of a portion of its territory into another town, the settle- 
ment of persons residing upon such territory at that ti^ne 
is in the town into which it is incorporated. But the set- 
tlement of persons residing on territory set off fro n one 
town and not incorporated into another, is not changed 
by such dismemberment. 37 lb. 39. 

A minor child of parents who are paupers, bound to 
service by the selectmen, by written indentures, until 
twenty-one years of age, is not thereby emancipated. 
Such child follows the settlement of his father within this 
State, until he acquires one of his own. 40 lb. 106. 

An unmarried woman had her settlement in the westerly 
part of a town. She married one who had no settlement 
in the State, and they afterwards resided in the easterly 
part of the same town. While residing there, the latter 
portion was incorporated into a new town. The court 
held that her settlement was in the new town. 41 lb. 462. 
A poor-house is not regarded as having the characteris- 
tics of a statute home. 42 lb. 541. 

The fact of abandonment of a home depends upon the 
intention of a pauper when he departs; and though his 
expectations in regard to business fail, so that he returns 
sooner or later, it is immaterial. 43 lb. 406. 

To acquire and maintain a residence or home, it is not 
necessary that a person be at all times personally present 



20G MAINE TOWNSMAN. 

in it, or have a particular house to which he may as mat- 
ter of risjht resort. lb. 

Os^erseers, being under oath, are presumed to act with 
integrity, till the contrary is shown. 42 lb. 403. 

A child does not gain a new settlement, by being bound 
out, in the town where the person lives to whom he is 
bound. 48 lb. 565. 

A person 7ion compos^ not residing with his father, and 
.not supported by him, does not follow a new settlement 
acquired by the father, after the child is of age. 51 lb. 540. 

A minor child, not non compos or emancipated, cannot 
acquire a settlement in his own right in any mode. 48 lb. 
565; 55 lb. 55. 

An unemancipated noy% compos from infancy, will follow 
the settlement of the father, as well after as before he ar- 
rives at age. 55 lb. 55 ; 45 lb. 537. 

The marriage of a minor daughter with her father's con- 
sent is one mode of emancipation. 56 lb. 22. 

Snch consent of the fxther may be presumed from cir- 
cumstances, sucn as her living with her father, &c. lb. 

A person noji com,pos from birth, whose parents are de- 
ceased, may "reside" in a town so as to acquire a settle- 
ment therein. 45 lb. 537; 51 lb. 540; 55 lb. 55. 

The insanity of a person does not prevent his contin- 
uous residence in a town for five years, from establishing 
his settlement therein. 48 lb. 332 ; 55 lb. 55. 

If a person leaves the town where he has a home, for a 
specific purpose, intending to return when the purpose is 
accomplished, his residence is not changed thereby. 49 
lb. 367. ^ ^ . _ 

While a person is in transit, the old domicile remains. 
50 lb. 475 ; 52 lb. 165 ; 55 lb. 1 17. 

Towns, by the statute, are bound to fnrnish actual re- 
lief, after notice, to persons in need thereof, and this 
though they have property of their own, not available for 
immediate relief 49 lb. 31 ; 53 lb. 29; 49 lb, 385. 

Towns called upon to supply paupers are entitled tc 
the avails of the industry of the person supplied. 49 lb. 
550. 

If when supplies are furnished, the overseers distinctly 
agree that the supplies shall not be regarded as pauper 
supplies, and they are thus received as a gift or loan, the 
party receiving them will not be legally affected thereby, 
nor will the supplying town acquire rights against other 
towns. 63 lb. 29. 



SETTLEMENT OF PAUPERS. 207 

It is questionable whether an agreement made by the 
officers of two towns, by way of settlement of a pauper 
suit, that the pauper should thereafter have his settlement 
in one of the towns, is binding on the towns, as a con- 
tract for the future support of the pauper. 47 lb. 127. 

Not only the expenses for support, but also those for 
burial, are recoverable of the town where the pauper has 
his settlement. 48 lb. 416. 

If, after due notice, the town receiving it pays for all 
supplies thus far furnished, a new notice is necessary to 
charge the same town for further supplies. 46 lb. 558. 

Where the supplies are furnished occasionally and not 
continuously, only one notice is requisite. 53 lb. 38. 

For every new action a new notice must be given. 53 
lb. 39. 

One town cannot give "written notice" so as to charge 
another town for supplies furnished subsequently to such 
notice, unless actual supplies had been furnished prior 
thereto. 56 lb. 11. 

Emancipation, when to be presumed, and what facts do 
and what do not constitute. 55 lb. 55. 

When a person leaves his place of residence without 
any intention of returning, he has abandoned it, whether 
he has established another or not. 58 lb. 207. 

If a naturahzed citizen, after obtaining a legal settle- 
ment in this State, removes to the Province of New 
Brunswick, his child born there, upon coming into the 
State, takes the settlement of the father,* though the 
father does not return. lb, 353. 



208 



MAINE TOWNSMAN". 



CHAPTER LXII. 



DUTY OF TOWNS RELATIVE TO POOR. 



Towns to relieve the poor. 
Poor not to be sold at auction. 
Towns may unite to purchase farm. 
Joint board of overseers. 
Individuals may relieve sick pau- 
pers, when. 
Towns liable to individuals, when. 
Intemperate paupers. 



Towns may recover of paupers. 

Plantations may raise money for 
poor. 

Bringing paupers into town, pen- 
alty. 

Same subject. 

Lesal decisions. 



1. Towns are to relieve persons having a settlement 
therein, when, on account of poverty, they need relief. 
They may raise money therefor as for other charges of the 
town ; and may at their annual meeting choose not ex- 
ceeding twelve legal voters therein to be overseers of the 
poor. R. S. c. 24, § 10. 

2. Persons chargeable are not to be set up and bid off 
at auction either for support or service ; but towns at 
their annual meetings, when the warrant contains an arti- 
cle for the purpose, may contract for tbe support of their 
poor for a term not exceeding five years. lb. § 18. 

3. Towns may unite in the purchase of a farm, or in 
the erection of buildings, to be used for tlie support of the 
poor ; and in procuring all necessary furniture and appara- 
tus therefor. For these purposes, each town may choose 
the number of commissioners agreed upon, to constitute a 
joint commission to cause the agreement of the towns to 
be carried into effect. lb. § 14. 

4. The overseers of such towns constitute a joint board 
of overseers of such farm and buildings. They may at a 
full meeting establish rules for the management thereof, 
appoint a superintendent, prescribe his powers and duties, 
and cause all the paupers of such towns to be supported 
there. They may receive and support there, paupers of 
other towns. Towns may raise money for the purposes 
named in this and the preceding sections. lb. § 15. 

5. A person residing in a place not incorporated, may 
provide relief and medical aid for any person sick, wounded, 
or dangerously injured, residing in such place, and in case 
of his death may cause him to be buried, and recover the 



DUTY OF TOWNS RELATIVE TO POOR. 209 

amount necessai'ily expended of the town where such per- 
son had a settlement, if, within sixty days after, he has 
delivered into a post-office, postage paid, a written notice 
signed by him, informing them of the name of the person 
relieved, the nature of his sickness or injury, if known, 
and the amount expended. Towns paying such expenses 
or costs may recover the amount with interest of the per- 
son relieved, or of any one liable for his support. lb. § 34. 

6. Towns are to pay expenses necessarily incurred for 
the relief of paupers by an inhabitant not liable for their 
support, after notice and request to the overseers, until 
provision is made for them. lb. § 43. 

7. When a person in their town, notoriously subject to 
habits of intemperance, is in need of relief, the overseers 
are to make a complaint to a trial justice in the county, who 
is to issue a warrant and cause such j^erson to be brought 
before him, and upon a hearing and proof of such habits, 
he is to order him to be committed to the house of correc- 
tion, to be there supported by the town where he has a 
settlement, and if no such town, at the expense of the 
county, until discharged by the overseers of the town in 
which the house of correction is situated, or by two jus- 
tices of the peace and quorum. lb. § 44. 

8. A town which has incurred expense for the support 
of a pauper, whether he has a settlement in that town or 
not, may recover it of him, his executors, or administra- 
tors, in an action of assumpsit. lb. § 45. 

9. Plantations, at legal meetings called for the purpose, 
may raise and expend money for support of the poor, to 
be applied by their assessors. lb. § 48. 

10. Whoever brings into and leaves in a town where he 
has no settlement a poor person, knowing him to be so, 
with intent to charge such town with his support, forfeits 
a sum not exceeding one hundred dollars, to be recovered, 
to the use of such town, in an action of debt. lb. § 49. 

11. Any common carrier who brings into the state a 
person not having a settlement therein, shall remove him 
beyond the state, if he falls into distress within a year; 
provided, that such person is delivered on board a boat or 
at a station of such carrier, by the overseers or municipal 
officers requesting such removal ; and in default thereof, 
such carrier is liable in assumpsit for the expense of such 
person's support after such default. lb. § 50. 

14 



210 MAINE TOWNSMAN. 

12. No person can maintain an action against a town 
for supplies to a pauper but the person who gave the 
notice to the overseers. 20 Maine, 75. 

The system of poor laws is founded on the provisions 
of our statutes ; and no action can be maintained against 
a town for the support of any pauper, unless it be given 
by statute. ^ 

Towns are liable for reasonable expenses only, not al- 
ways ror the sums paid, if extravagant. 15 Mass. 248. 

An arrival at the age of twenty-one years does not 
emancipate a child, resident in his father's family, and 
non compos mentis. Supplies furnished by a town for 
the support of such child, though more than twenty-one 
years of age, render the father constructively a pauper. 
86 Maine, 390. 

The Revised Statutes, c. 32, § 48, provides that towns 
shall be liable for any expense necessarily incurred for the 
relief of a pauper, by a person not liable for his support, 
after notice and request made to the overseers, and until 
provision shall be made by them. When provision is 
made upon such notice and request, the liability of the 
town to pay any such reasonable expense ceases. If the 
person making the request is employed by the overseers 
to keep the pauper for a limited time, and he continues to 
support him after the time agreed upon has elapsed, the 
town will not be liable after the termination of the con- 
tract, without a new notice and request, although the 
overseers knew the alleged pauper was unable to support 
himself. 37 lb. 9. 



OVERSEERS OF THE POOR. 



211 



CHAPTER LXIII 



OVERSEERS OF THE POOR. 



Duties of overseers. 

Children may be bound. 

Legal opinions on indentures. 

Form of indenture. 

Overseers may complain of master. 

Form of complaint. 

Suit against master. 

Same subject. 

When child runs away. 

Master may complain of child. 

Persons of age may be bound. 

Persons may complain. 

Paupers in unincorporated places. 



14. Paupers, foriegn. 

15. Notice to town liable. 

16. Form of notice. 

17. Form of denial of settlement. 

18. Answer within two months. 

19. Notice by mail sufficient. 

20. Paupers removed from town. 

21. Foreign paupers. 

22. Proix-rty of deceased paupers, 

23. Overseers mav prosecute. 

24. Houses of ill-fame. 

25. Warrants to search. 

26. Legal decisions. 



1. Overseers are to have the care of persons chargeable 
to their town, and are to cause them to be relieved and 
employed at the expense of the town, and as the town di- 
rects, when it does direct. R. S. c. 24, § 11. 

2. The minor children of parents chuvgeable, or of pa- 
rents unable in the opinion of oversee! < to maintain them, 
and such children chargeable thems Ives, may, without 
their consent, be bound by the overseers, by deed of in- 
denture, as apprentices or as servants to any citizen of 
the State, to continue till the males are twenty-one, and 
the females eighteen years of age or are married, unless 
sooner discharged by the death of their master. Provis- 
ion is to be made in such deed for the instruction of males 
to read, write, and cipher, and for females to read and 
write ; and for such further instruction and benefit within 



212 MAINE TOWNSMAN. 

or at the end of the term, as the overseers think reasona- 
ble, lb. § 21. 

3. The overseers are not personally liable on the in- 
dentures of an apprentice. If the apprentice disobeys or 
steals, or becomes sick, the master must pursue his rem- 
edy by complaint ; but neither party can put an end to 
the indenture, without the consent of the other, except in 
such manner. 2 Pick. 457. 

The power of taking children from their parents, and 
families, and homes, and binding them to strangers as ser- 
vants, is a high and arbitrary, if not a dangerous power, 
and one which should only be exercised in cases of clear 
necessity. In such a case it seems proper to notify the 
parent and give him an opportunity to be heard. 19 
Pick. 390. 

Where a child is bound as an apprentice by the over- 
seers of the poor, to do any work in which his master may 
see fit to employ him, it is understood to mean any lawful 
work, and the indenture is valid. 7 Maine, 457. 

In indentures, the omission of the provision in regard 
to male children, that they shall be "instructed to read, 
write, and ciplier," is fatal to their validity. And to sub- 
stitute a covenant by the master to see that the minor is 
properly educated and instructed, is not sufficient. 17 
lb. 385. 

4. The form of an indenture may be as follows : 

This indenture, made by and between — , overseers 

of the poor of the town of , in the county of , 

and State of Maine, of the one part, and , of the said 

town, of the other part, witnesseth : That said overseers, 
by the authority vested in them by law, have bound, and 

do hereby bind out to labor to the said , for one year 

from the date hereof, , a person residing in said town 

[or "a person residing in said town, but having no set- 
tlement in the State," as the case may be], who is able of 
body, but who has no apparent means of support, and who 
lives idly, and pursues no lawful business. During which 

time said shall feitbfully serve said in all things 

whereunto he may lawfully command him. And the said 

covenants on his part that he will pay said overseers 

for the services of the said for the term aforesaid, 

the sum of dollars, to be by them applied to the 

maintenance of said • [if he have a family add, "or 

his family"]. 



OVERSEERS OF THE POOR. 213 

111 witness whereof, said parties have hereunto set their 

hands and seals, this day of , a. d. 18 — . 

A. B. ) (seal.) 

C. D. y (seal.) 

E. F. ) (seal.) 

Signed, sealed, and delivered in the presence of . 

5. The overseers are to inquire into the treatment of 
bound children, and to protect and defend them in the 
enjoyment of their rights in reference to their masters 
and others. They may complain to the supreme judicial 
court in the county where their town is, or where the 
master resides, against such master, for abuse, ill-treat- 
ment, or neglect of a child bound to him. The court is 
to cr.use him to be notified, and upon a hearing of the 
parties, or on default, may, for sufficient cause proved, 
discharge the child with costs, or dismiss the complaint, 
with or without costs, at discretion. Any child so dis- 
charged, or whose master has deceased, may be bound 
anew for the remainder of the time. lb. § 22. 

6. The form of complaint may be as follows : 

To the honorable the justices of the supreme judicial 

court for the county of , hold en at , in said 

county, on the day of , a. d. 187 — , complain, — . 

A., B., C, overseers of the poor in the town of , 

in said county, that , a minor, on the day of 

, A. D. 187 — , was legally bound out as an apprentice 

[or servant], by indenture, to , to learn the trade of 

a printer, from that date until the day of , a. d. 

187 — , at which time he will be of the age of twenty-one 
years. 

And your complainants allege that said has abused 

and ill-treated [or neglected] said , having [^here 

insert the ill conduct of the master complained of\ all of 
which is against the peace and dignity of the State, and 
contrary to the statute in such case made and provided ; 
wherefore your complainants pray that your honors would 

liberate and discharge said ^ with costs, fi-om said 

a23prenticeship. 

Dated at , this day of , a. d. 187 — , 

verseers of the Poor 
yf the Town of , 



11? 



214 MAINE TOWNSMAN. 

7. The overseers are to inquire into the treatment of 
such children, and to protect and defend them in the en- 
joyment of their rights in reference to their masters and 
others. They may complain to the supreme judicial 
court in the county where their town is, or where the 
master resides, against such master for abuse, ill-treat- 
ment, or neglect of a child bound to him. The court is 
to cause him to be notified, and, upon a hearing of the 
parties or on default, may, for sufficient cause proved, dis- 
charge the child with costs ; or dismiss the complaint, 
with or without costs at discretion. Any child so dis- 
charged, or whose master has deceased, may be bound 
anew for the remainder of the time. R. S. c. 24, § 22. 

8. The overseers, by a suit on the deed of indenture, 
may recover damages for breaches of its covenants. The 
aniount so recovered, deducting reasonable charges, is to 
be placed in the treasury of the town, to be applied by 
the overseers to the benefit of the child during his term, 
or be paid to him at its expiration. The court, on trial 
of such suit, for sufficient cause exhibited, may discharge 
the child. lb. § 23. 

9. When a child so bound departs from service with- 
out leave, his master or a person in his behalf may com- 
plain on oath to a trial justice in the county where -he 
resides, or where the child is found, who is to issue a 
warrant and cause such child to be brought before him ; 
and when the complaint is supported, he is to order the 
child to be returned to his master, though he resides in 
another county, or commit him to a jail or house of cor- 
rection to remain not exceeding twenty days, unless 
sooner discharged by his master. A person who entices 
such a child to leave his master, or harbors him knowing 
that he has so departed, is liable to the master for all his 
damages. lb. § 25. 

10. A master may complain to the court in the county 
where he resides, or where the overseers m xking the in- 
denture resided, for gross misbehavior of the child, and 
the court, after notice to the child and to the overseers of 
the town binding, may discharge the child. lb. § 26. 

11. Overseers may set to work, or by deed bind to 
service upon reasonable terms, for a time not exceeding 
one year, persons having settlements in their town or 
having none in the State, married or not married, able of 
body, upwards of twenty-one years of age, having no 



OVERSEEES OP THE POOE. 215 

apparent means of support and living idly ; and all per- 
sons liable to be sent to the house of correction. lb. § 27. 

12. A person so bound may complain to the court, in 
the county where he or the overseers reside, and the 
court, after notice to the overseers and master, may, upon 
a hearing, dismiss such complaint, or discharge him from 
the master and overseers, and award costs to either party 
or against the town at discretion. lb. § 28. 

13. Persons found in places not incorporated, and 
needing relief, are under the care of the overseers of the 
oldest incorporated adjoining town, or the nearest incor- 
porated town when there are none adjoining, who shall 
furnish relief to such persons, as if they were found in 
such town ; and such overseers may bind to service the 
children of such persons as they may those of paupers of 
their own town, and may bind out persons described in 
section twenty-seven in the manner therein provided, re- 
siding in such uuincorj^orated place, as if in their own 
town, and sucli persons shall be entitled to a like remedy 
and relief. When relief is so provided, the towns furnish- 
ing it ai-e entitled to the same remedies against the towns 
of their settlement as if they resided in the town so fur- 
nishing relief. And when such paupers have not lived in 
a town where they are relieved, have no legal settlement 
in the State, the State shall in like manner re-imburse the 
town affording them relief to the amount the governor 
and council adjudged to have been judiciously exj^ended 
therefor. lb. § 29. 

14. When persons residing in an unincorporated place, 
and having no pauper settlement in the State, remove 
from such place to any town in which they have never 
resided before such removal, and there need relief, and 
the same is furnished to them by such town, the State 
shall re-imburse said town for such relief so furnished, in 
the same manner and under the same restrictions as to the 
amount re-imbursed as provided in the precedino^ section. 
lb. § 30. 

15. Overseers are to send a written notice, signed by 
one or more of them, stating the facts respecting a person 
chargeable in their town, to overseers of the town where 
his settlement is alleged to be, requesting them to remove 
him, which they may do by a written order directed to a 
person named therein, who is authorized to execute it. 



216 MAINE TOWNSMAN. 

16. The form of notice may be as follows : 

To the overseers of the poor of the town of , in 

the county of , in the State of Maine : 

Gentlemen: 

You are hereby notified that A. B., an inhabitant of 
your town, having fallen into distress, and in need of im- 
mediate relief, in the town of ^ the same has been 

furnished by said town on the account and at the proper 

charge of the town of , where said A. B. has his legal 

settlement ; you are requested to remove said A. B., or 
otherwise provide for him, without delay, and to defray 

the expense of his support in said town of . The 

sums expended for his support up to this date are . 

Dated at , this day of ^ a. d. 18 — •. 

CD. ) 

E. F. V Overseers of the Poor of . 

G.H.) 

17. The form of denial of settlement, in answer to a 
notice, may be as follows : 

To the overseers of the poor of the town of : 

Gentlemen : 

Your letter of the instant, stating that A. B. has 

fallen into distress, and been furnished relief by your 
town, at the charge of the town of , was duly re- 
ceived. Upon inquiry, we are satisfied that this town is 
not the place of the lawful settlement of the said A. B. 
We cannot, therefore, cause his removal, nor contribute 
towards his support. 

Dated . 

Yours, with respect, 

V F* C ^^^^^^^^^ ^f ^^^ Poor 
r^ XT \of the Town of . 

18. Overseers receiving such notice are within two 
months, if the pauper is not removed, to return a written 
answer, signed by one or more of them, stating their ob- 
jections to his removal; and if they fail to do so, the 
overseers requesting his removal may cause him to be 
removed to that town ; and the overseers of the town to 
which he is sent are to receive him and provide for his 



OVEESEERS OF THE POOE. 217 

support ; and their town is estopped to deny his settle- 
ment therein, in an action brought to recover for the 
expenses incurred for his previous support and for his 
removal. R. S. c. 24, § 88. 

19. When a written notice or answer provided for in 
this chapter is sent by mail, postage paid, and it arrives 
at the post-office where the overseers to whom it is direct- 
ed reside, it is a sufficient notice or answer. lb. § 39. 

20. A person removed, as provided in this chaj^ter, to 
the place of his settlement, who voluntarily returns to 

the town from which he was removed, without the con- 
sent of the overseers, on conviction thereof before a jus- 
tice of the peace, may be sent to the house of correction 
as a vagabond. lb. § 41. 

21. On complaint of overseers, that a pauper charge- 
able to their town has no settlement in the State, any 
trial justice, may, by his warrant directed to a person 
named therein, cause such pauper to be conveyed, at the 
expense of such town, beyond the limits of the State to 
the place where he belongs ; but this section does not 
apply to the families of volunteers enlisted in the State, 
who may have been mustered into the service of the 
United States. lb. § 42. 

22. Upon the decease of a pauper then chargeable, the 
overseers may take into their custody all his personal 
property, and if no administration on his estate is taken 
within thirty days, may sell so much thereof as is neces- 
sary to repay the expenses incurred. They have the same 
remedy to recover any property of such pauj^er, not de- 
liverecl to them, as his administrator would have. lb. § 46. 

23. For all purposes provided for in this chapter, its 
overseers, or any person appointed by them in writing, 
may prosecute and defend a town lb. § 47. 

24. Whoever keeps a house of ill-fame, resorted to for 
the purpose of prostitution or lewdness, shall Be punished 
by imprisonment less than one year, and by fine not 
exceeding five hundred dollars ; and if after conviction he 
is again guilty and convicted, he shall be punished by im- 
prisonment not less than one, nor more than three years. 
The municipal officers and constables of towns and cities, 
and assessors of plantations, are required to promptly 
enforce the laws of the State against such houses, and to 
make complaint against any person within their respective 
municipalities, where there is. probable cause to believe 



218 MAINE TOWNSMAN. 

such person guilty of a violation of this section. A per- 
son, convicted of keeping such a house, before a municipal 
or poKce court, or trial justice, may be sentenced to the 
house of correction or county jail not exceeding one 
month. And such person shall not be allowed to keep 
boarders or lodgers without a license from the overseers 
of the poor of the town, who shall prosecute for such 
oifense all whom they have good reason to suspect to be 
guilty. R. S. c. 124, § 9. 

25. "When any overseer of the poor, police officer, con- 
stable, parent, master, or guardian, has reason to believe 
that any female has been inveigled or enticed to a house 
of ill-fame as aforesaid, he may complain on oath to a 
magistrate authorized to issue warrants, and he may issue 
his search warrant as in other cases, to enter such house 
by day or night, search for such female, and bring her, 
and the person in whose keeping she is found, before him, 
and he m:iy order her to be delivered to the complainant 
or discharged, as law and justice require. lb. § 11. 

26. If the person applying for relief is poor, and unable 
to support himself, and stands in need of immediate re- 
lief, the overseers are bound to relieve him. The manner 
of affording relief is discretionary ; but distress must not 
go unrelieved. 4 Pick. 358. 

In special cases, as of sickness, or when the amount of 
assistance required is small, or where removal would be 
inexpedient or dangerous, the applicant may be relieved 
at his home; but a poor-farm, where one is provided by 
the town, is the proper place to afford assistance. lb. 

Application for relief should be made by the pauper 
either j^ersonally or by some person authorized by him to 
apply, but need not be in writing; and the overseers, 
when they are satisfied as to the necessity of the appli- 
cant, should not refuse to afford relief. lb. 



DUTY TO SUPPORT POOR RELATIVES. 



219 



CHAPTER LXIV 



DUTY OF KINDRED TO SUPPORT POOR RELATIVES. 



1. Kindred liable. 

2. Kindred may be assessed on com- 

plaint. 

3. Complaint to be filed. 



4. Assessment for future support. 

5. Husband is liable for wife. 

6. What is ' sufficient ability." 

7. Illegitimates. 



1. The fether and mother, grandfather and grand- 
mother, children and grandchildren, by consanguinity, 
living within the State, and of sufficient ability, are to 
support persons chargeable in proportion to their respect- 
ive ability. R. S. c. 24, § 16. 

2. A town, or any kindred, who have incurred any ex- 
pense for the relief of a pauper, may complain to the 
supreme judicial court, in the county where any one of 
such kindred resides ; and the court may cause such kin- 
dred to be summoned, and upon a hearing or default, may 
assess and apportion a reasonable sum upon such kindred 
as are found to be of sufficient ability, for the support of 
such pauper to the time of such assessment, and may en- 
force payment thereof by warrant of distress. Such 
assessment is not to be made to pay any expense for re- 
lief affi^rded more than six months before the complaint 
was filed. lb. § 17. 

3. Such complaint may be filed with the clerk of the 
court, who is to issue a summons thereon, returnable and 
to be served as writs of summons are ; and on suggestion 
of either party that there are other kindred of ability not 
named, the complaint may be amended by inserting their 
names, and they may be summoned in like manner, and 
be proceeded against as if originally named. lb. § 18. 

4. The court may assess and apportion upon such kin- 
dred a sum sufficient for the future support of such pauper, 
to be paid quarterly, until further order ; and direct with 
whom of such kindred that may desire it such pauper may 
live and be reheved, and for such time, with any or either, 
as they shall judge proper, having regard to the comfort 
of the pauper, as well as the convenience of the kindred, 
lb. § 19. 



220 



MAINE TOWNSMAN. 



5. A husband is always liable to support Ms wife, if he 
is of ability to support her ; and the town furnishing relief 
to her may immediately call upon him, without resorting 
to the town where his settlement is. 14 Mass. 327. 

6. " Sufficient ability" to support poor relatives presents 
a question of much difficulty. It is not the intent of the 
law, for instance, that the child should become poorer 
every year, in his effort to support his parents, or that he 
should incur sacrifices and dangers which would hazard 
the maintenance of his family. 

7. Illegitimate children are not embraced by the pro- 
visions of these statutes. 45 Maine, 367. 



CHAPTER LXV 



BASTARD CHILDREN AND THEIR MAINTENANCE. 



1. Accusation by a woman pregnant 

Avith a bastard child. 

2. Justice may issue a warrant. 

3. Person arrested to give bond ; forms 

of bond and mittimus. 

4. Cause to be continued if complain- 

ant is not delivered. 

5. Declaration must be filed before 

trial. 

6. Complainant may be a witness. 



7. Proceedings if respondent is ad- 

judged guilty. 

8. Complainant not to settle with 

the father, when. 

9. The father may be discharged from 

imprisonment, wlien; his liabil- 
ity to the mother and town after 
such discharge. 
10. Legal decisions. 



1. When a woman pregnant with a child, that if born 
alive miy be a bastard, or who has been delivered of a 
bastard child, accuses any man of being the father thereof, 
before any justice of the peace, and requests a prosecution 
against him, he shall take her accusation and examination 
on oath, res{)ecting the accused, and the time and place 
when and where the child was begotten, as correctly as 
they can be described, and all such other circumstances as 
he deems useful in the discovery of the truth. R. S. c. 
97, § 1. 

The form of accusation and examination is as follows : 



Whereas 



of 



-, in the county of , single 



woman, being pregnant with child, has accused, on oath, 
before me, -, one of the justices of the peace in and 



for the county of 



A. B., of said , of being the 



BASTARD CHILDREN. 221 

father of such child, and that he did beget her with child 

on or about the day of , a. d. 18 — [^here insert 

the circumstances']^ she therefore prays that he, the said 
A. B., may be apprehended, and held to answer this accu- 
sation, and further dealt with thereon according to law. 

Signed, — . 

Taken, signed, and sworn to, on the day of , 

A. D. 18 — , before me, 

W. E., Justice of the Peace. 

2. Such justice may thereupon issue his warrant, di- 
rected to the sheriff of any county in which the accused 
is supposed to reside, or his deputies, accompanied by such 
accusation and examination, as follows, to wit : lb. § 2. 

[Seal.] ss. To the sheriff of said county of 



Whereas ^ of , in said county, single woman, 

hath by her examination on oath before m^, one of the 
justices of the peace in and for this county, declared her- 
self to be with child, and that said child is likely to be 

born a bastard, and that , of , is father of said 

child, and hath prayed process against him ; therefore, in 
the name of the State of Maine, you are hereby com- 
manded immediately to apprehend said , if in your 

precinct, and to bring him before me, or some other justice 
of the peace, to find sureties for his personal appearance 

at the next supreme court, to be ho] den at , on , 

in and for said county of , and to abide such order or 

orders as shall be made in the premises, according to law. 

Given at , on the day of ^ a. d. 18 — . 

W. E., Justice of the .Peace. 

3. When the person is brought before such or any other 
justice, he may require him to give bond to the complain- 
ant, with sufficient sureties, in such reasonable sum as he 
orders, conditioned for his appearance at the next supreme 
judicial court for the county in which she resides, and for 
his abiding the order of court thereon ; and if he does not 
give it, he shall commit him to jail until he does. R. S. 
c. 97, § 3. 

The form of a bond may be as follows : 

Know all men by these presents, that we, ^ of ^ 

in the county of ^ as principal, and ^ as sureties, 



222 MAINE TOWNSMAN. 

are holden and stand firmly bound unto , of , in 

said county, single woman, in the sum of dollars, to 

the payment of which we hereby bind ourselves, our ex- 
ecutors, and administrators. 

Dated this day of , a. d. 18 — . 

The condition of this obligation is such, that whereas, 

on the day of , a. d. 18 — , the said hath, 

upon her examination upon oath before , Esq., one of 

the justices of the peace in and for the county of , 

accused said of being the father of a bastard child, 

of wliich the said has been ordered by said justice to 

give sureties for his appearance at the supreme judicial 

court next to be holden at , within and for said county, 

on the Tuesday of , in the noon, then and 

there to answer to the said accusation : now, if the said 

shall appear at said court, and answer to the said 

accusation, and abide the order of court thereon, then this 
obligation to be void, otherwise to be in full force. 

A. B.) (seal.) 
C. D. ^ (seal.) 

Signed, sealed, and delivered > E. F. ) (seal.) 

in presence of j* 

The form of the mittimus for not finding sureties may 
be as follows : 

STATE OF MAINE. 

[Seal.] York, ss. To the sherifi* of said county or his 

deputy, or any constable of the town of , in said 

county, and to the keeper of the common jail in , 

GREETING. 

Whereas , single woman, in her examination, in 

writing, on oath, the day of ^ A. d. 18 — , before 

me, -^ , one of the justices of the peace in and for the 

county of , hath declared herself to be with child, 

and that the said child, if born alive, will be a bastard, 

and likely to become chargeable to the town of , and 

hath charged , of , with having begotten her 

with child of said bastard child ; [or if it be after the 
birth, say .•] Whereas -, single woman, in her examin- 
ation in writing, on oath, before me, , one of the jus- 
tices of the peace in and for said county, hath declared, 
that on the day of , a. d. 18 — , at , in the 



BASTARD CHILDREN. 223 

town of — — , she was delivered of a bastard child ; and 

whereas said was brought before me, by warrant, and 

refuses to give sureties for his appearance at the next su- 
preme judicial court to be held at , in and for said 

county, to answer to said charge, and to abide the order 
of court thereon : these are to command you to take and 

convey said to the common jail at , in said 

county, and to deliver him to the keeper thereof, together 
with this warrant. And you, the said keeper, are com- 
manded to receive said into your custody in said 

jail, and him there safely to keep, until he shall give such 
security, or be discharged by due course of law. 

Given under my hand and seal this day of , 

A. D. 18 — . Justice of the Peace 

4. If, at such next or any subsequent court, the com- 
plainant is not delivered of her child, or is unable to 
attend court, or for other good reason, the cause may be 
continued ; and the bond shall remain in force until final 
judgment, unless the sureties of the accused surrender 
him in court at any time before final judgment, which 
they may do, and thereupon they shall be discharged ; 
and he shall be committed until a new bond is given. 
R S. c. 97, § 4. 

5. Before proceeding to trial, the complainant must 
file a declaration, stating that she has been delivered of 
a bastard child begotten by the accused, the time and 
place when and where it was begotten, with as much 
precision as the case will admit ; that being put on the 
discovery of the truth during the time of her travail, she 
accused the respondent of being the father of the child, 
and that she has been constant in such accusation. lb. 
§5. 

6. "When the complainant has made said accusation ; 
been examined on oath as aforesaid ; been put upon the 
discovery of the truth of such accusation, at the time of 
her travail, and thereupon has accused the same man with 
being the father of the child of which she is about to be 
delivered ; has continued constant in such accusation, and 
prosecutes him as the father of such child before such 
court; he shall be held to answer to such complaint ; and 
she may be a witness in the trial. lb. § 6. 

7. If, on such issue, the jury finds the respondent not 
guilty, he shall be discharged ; but if they find him guilty, 



224 MAINE TOWNSMAN. 

or the facts in the declaration filed are admitted by de- 
fault or on demurrer, he shall be adjudged the father of 
such child, stand charged with its maintenance, with the 
assistance of the mother, as the court orders ; and shall 
give a bond, with sufficient sureties approved by the 
court, to the complainant to perform said order, and a 
bond, with sufficient sureties so approved, to the town 
liable for the maintenance of such child ; and be com- 
mitted till he gives them. The latter bond to be 
deposited with the clerk of the court for the use of such 
town. lb. § 7. 

8. No woman, whose accusation and examination, on 
oath, have been taken by a justice of the peace at her 
request, shall make a settlement with the father, or give 
him any discharge to bar or affisct such complaint, if 
objected to in writing by the overseers of the poor of the 
town interested in her supj^ort or the child's. lb. § 8. 

9. When the fither of such bastard child has remained 
ninety days in jail, without being able to comply with 
the order of court, he may be liberated by taking the 
poor debtor's oath, as persons committed on execution ; 
but he shall give fifteen days notice of his intention to do 
so, to the mother, if living, and to the clerk of the town 
where the child has its legal settlement, if in this State. 
The mother and said town may, after such liberation, 
recover of him by action of debt any sum of money, 
which ought to have been paid pursuant to the order of 
court. lb. § 10. 

10. If the mother marry before a prosecution, the hus- 
band shall join in a complaint. 16 Maine, 38. 

A settlement between the father and mother of the 
child, will not discharge the father from his liability to 
the town to maintain the child. 

In order to entitle the woman to be a witness, she must 
declare before her delivery that the person charged is 
fiither of the child, and continue constant in the accusa- 
tion before witnesses. 6 Greenl. 460. 

Where a complainant, in a bastardy process, alleged 
that the child, of which she was then pregnant, was 
begotten on or about a certain day in April, without say- 
ing in what year, it was held to refer to the April next 
preceding. 8 Maine, 163. 

A recognizance taken by a magistrate, in a bastardy 
process, instead of a bond, is inoperative and void. 2 lb. 
165. 



INSANE PERSONS. 



90^ 



A settlement of a bastardy process by the mother, or 
by the town, without the consent of the other, is no dis- 
charge of the respondent ; therefore a note given upon 
without consideration, and payment 



such settlement is 
cannot be enforced. 



18 lb. 150. 



CHAPTER LXVI. 



INSAXE PERSONS. 



1. Whatfheword "insane " includes. 

2. Gruardian appointed for insane. 

3. Same subject. 

4. Duty of municipal officers. 

5. Contracts by insane. 

6. Allowance to ward to defend. 

7. Guardians of insane minors. 

S. Municipal officers to decide cases, 

Tvhen. 
9. Inability of patient to pay board. 

10. Appeal to justices. 

11. Neglect of municipal officers. 



12. Justices to keep a record. 

13. Order for commitment, by wbom 

paid. 

14. Liability of towns. 

15. Sam? subject. 

16. Towns have remedy. 

17. Towns may apply Jor discharge of 

paiient. 

18. Duty of overseers. 

19. Discharge of patient. 

20. What towns not liable. 



1. The words "insane persons" may include an idiotic, 
non compos, lunatic, or distracted person. R. S. c. 1, § 4. 

2. The judge of probate may appoint guardians to the 
following insane persons belonging to his county, though 
over twenty-one years of age, on written application of 
any of their friends, relatives, or creditors, or of the mu- 
nicipal officers or overseers of the poor of the town where 
they reside : 

Persons who are insane, or of unsound mind, including 
married women, who, by reason of infirmity or mental 
incapacity, are incom])etent to manage their own estates, 
or to protect their rights. lb. c. 67, § 4. 

3. Guardians may be appointed, on application as afore- 
said, for persons certified by the municipal officers of any 
town to have been committed by them to the insane hos- 
pital, upon proof of the facts, without further action of 
the municipal officers, or personal notice to the parties ; 
and for insane or incompetent married women, after per- 
soDal notice and a hearing, upon proof of the alleged in- 
sanity or incompetency, without inquisition by the^muni- 
cipal officers of the town. In all cases where the municipal 
officers or overseers of the poor are applicants, if they 



226 MAINE TOWNSMAN. 

have given at least fourteen days notice to sucli person 
by serving him with a copy of their apphcation, the judge 
may adjudicate thereon without further inquisition, if 
such person is present, or on such further notice, if any, 
as he thinks reasonable. Or, if such officers have not 
given such notice, the judge shall cause personal notice to 
be given to the party, before the hearing and adjudication, 
lb. § 5. 

4. In all other cases, the judge shall issue his warrant to 
t]ie municipal officers of the town where such person re- 
sides, requiring them to make inquisition into the allega- 
tions made in the application ; and they shall decide, upon 
sic^h evilence as they are able to obtain, whether such 
allegations are true ; and, as soon as may be, report the 
result to the julge; and if he shall, on said report, after 
personal notice to the other party, and a hearing thereon, 
adjudge that such a j^erson is insane, a spendthrift, or in 
capable, he shall appoint a guardian. lb. § 6. 

5. Wlien such application is made, and notice issued 
thereon by the judge of probate, the applicants may cause 
a copy of their a])plication, and the order of the court 
thereon, to be filed in the registry of deeds for the county ; 
and if a guardian is appointed thereupon, all contracts, 
except for necessaries, and all gifts, sales, or transfers of 
real or personal estate made by the person after said filing 
and before the termination of the guardianship, shall be 
void ; but this section shall not by implication add any- 
thing to the validity of any such act previous to said 
filing. lb. § 7. 

6. When a guardian is thus appointed, the judge shall 
make an allowance, to be paid by the guardian from the 
ward's estate, for all his reasonable expenses in defending 
himself against the complaint. lb. § 8. 

7. Parents and guardians of insane minors, if of suffi- 
cient ability to support them there, within thirty days 
after an attack of insanity, without any legal examina- 
tion, shall send them to the hospital, and give to the 
treasurer thereof the bond required ; or to some other 
hospital for tlie insane. lb. c. 143, § 12. 

8. All insane persons, not thus sent to any hospital, 
shall be subject to examination as hereinafter provided. 
The municipal officers of towns shall constitute a board 
of examiners, and, on complaint in writing of any relative 
or justice of the peace of their town, they shall imme- 



INSANE PERSONS. 227 

diately inquire into the condition of any insane person 
therein ; call before them all testimony necessary for a 
full understanding of the case ; and if they think such 
person is insane, and that his comfort and safety, or that 
of others interested, will thereby be promoted, they shall 
forthwith send him to the hospital, with a certificate, 
stating the fact of his insanity, and the town in which he 
resided or was found at the time of examination, and 
directing the superintendent to receive and detain him till 
he is restored or discharged by law, or by the superin- 
tendent and trustees. And they shall keep a record of 
their doings, and furnish a copy to any interested person 
requesting and paying for it. lb. § 13. 

9. The officers, ordering the commitment of a person 
unable to j^ay for his support, may certify in writing to 
the trustees that fact, and that he has not relations liable 
and of sufficient ability to pay for it ; and if the trustees 
are satisfied that such certificate is true, the treasurer 
of the hospital may charge to the State one dollar and 
fifty cents per week for his board, and deduct it from 
the charge made to the patient or town for his support, 
lb. § 14. 

10. Any person or corporation, deeming himself or the 
insane aggrieved by the decision of the board of exam- 
iners for or against the insanity, may appeal therefrom by 
claiming the appeal within five days after the decision is 
made known, naming a justice of the peace and quorum 
on his part, and appointing a time within three days 
thereafter, and a place in such town or an adjoining town 
for the hearing, and he shall procure the attendance of 
such justice at such time and place, if in his power, if not, 
he may select another ; the board of examiners shall se- 
lect another justice of the peace and quorum. lb. § 15. 

11. If the two justices neglect or refuse to decide the 
appeal within three days after the time appointed for the 
hearing ; or if the municipal officers neglect or refuse for 
three days after complaint is made to them to examine 
and decide any case of insanity in their town, complaint 
may be made by any relative of the insano, or any other 
respectable person to two justices of the peace and 
quorum; and the two justices, selected in either of the 
above modes, may call before them any proper testimony, 
and hear and decide the case. If they find the person 
insane, and that he will be more comfortable and safe to 



228 MAINE TOWNSMAN. 

himself or others, they shall give a certificate lor his com- 
mitment to the hospital like that described in section 
thirteen. lb. § 16. 

12. Such justices shall keep a record of their doings 
and furnish a copy thereof to any person interested re- 
questing and paying for it; those deciding an appeal shall 
be entitled to receive for their services two dollars a day 
and ten cents a mile for their travel, and shall determine 
which party shall pay it ; those deciding an original case 
shall charge the same fees as for a criminal examination, 
to be paid by the person or corporation liable in the first 
instance for the support of the insane in the hospital. lb. 
§17. 

13. When such justices order a commitment to the 
hospital, the municipal ofiicers of the town where the in- 
sane resides, or such other person as the justices direct, 
sh:Tll cause such order to be complied with forthwith at 
the expense of the town ; and after such commitment is 
made, the justices shall decide and certify the expenses 
thereof lb. § 18. 

14. The certificate of commitment to the hospital, after 
a legal examination, shall be sufficient evidence, in the 
first instance, to charge the town, where the insane re- 
sided, or was found at the time of his arrest, for the 
expenses of his examination, commitment, and support in 
the hospital; but when his friends or others file a bond 
with the treasurer of the hospital, such town shall not 
be liable for his support, unless a new action is had by 
reason of the inability of the patient or his friends longer 
to support him ; and such action may be had in the same 
manner, and before the same tribunal, as if he had never 
been admitted to the hospital. lb. § 19. 

15. The person or town, liable for the support of a per- 
son when lawfully committed to the hospital, shall be liable 
therefor, and for the expenses of his removal, when wilaw- 
fully coimiiitted and removed as provided in section nine; 
but the expenses of such removal are not to exceed ten- 
cents per mile from the hospital to the place of commit- 
ment, lb. § 20. 

16. Any town, thus made chargeable in the fir^ 
instance, and paying for the commitment and support of 
the insane in the hospital, may recover the amount paid, 
of the insane, if able, or of persons legally liable for his 
support, or of the town where his legal settlement is, as 



INSANE PERSONS. 229 

if incurred for the ordinary expenses of any pauper ; but 
if he has no legal settlement in this State, such expenses 
shall be refunded by the State; and the governor 
and council shall audit all such claims, and draw their 
warrant on the treasurer therefor. No insane person 
shall suffer any of the disabilities incident to pauper- 
ism, nor be hereafter deemed a pauper, by reason 
of such support. But the time during which the insane 
person is so sujDported shall not be included in the period 
of residence necessary to change his settlement. lb. 
§ 21. 

17. When any friend, person, or town, liable for the 
suppoii; of any patient, who has been in the hospital six 
months, not committed by order of the supreme judicial 
court, nor afflicted with homicidal insanity, thinks he is 
unreasonably detained, he may apply to the municipal 
officers of the town where the insane resides, and they 
shall inquire into the case, and summon before them any 
proper testimony, and their decision and oreler shall be 
binding on the parties. They shall tax legal costs and 
decide who shall pay them. If such application is unsuc- 
cessful, it shall not be made again till the expiration of 
another six months. lb. § 23. 

18. When the overseers of any town, liable for the 
support of a patient at the hospital, are notified by mail 
by the superintendent, that he has recovered from his in- 
sanity, they shall cause him to be removed to their town ; 
and if they neglect it for fifteen days, the superintendent 
shall cause it to be done at the expense of such town. lb. 
§24. 

19. When any patient is discharged from the hospital, by 
the trustees, they shall cause the selectmen of the town, 
or the mayor of the city from which such patient was re- 
ceived, to be immediately notified by mail, and on receipt 
of such notice said town or city shall cause such patient 
to be forthwith removed thereto ; and if they neglect such 
removal for thirty days thereafter, such patient may be 
removed to said town or city by the trustees, or their 
order; and the superintendent may maintain an action in 
his name, against such city or town, for the recovery of 
all expenses necessarily incurred in the removal of such 
patient. lb. § 25. 

20. The preceding sections shall not apply to towns 
having less than two hundred inhabitants, but all insane 



^30 



MAINE TOWNSMAN. 



persons found, and having their residence in such towns, 
who have no settlement within any town of this State, 
and who have no means of their own for support, or are 
without relatives able and liable to support them, shall be 
supported in the hospital at the expense of the State. lb. 
§26. 



CHAPTER LXYII 



TOWN HOUSES OE CORRECTION. 



1. Town houses of correction and their 1 5. Duties of the overseers. 

object. I 6. Support of the prisoners, 

2. Overseers thereof. 
8. Of work-houses appropriated to the 

like uses. 
4. Compensation of overseers and mas- 
ter. 



7. Powers of overseers to commit per- 
sons to such house. 

8. Form of the order for commitment. 



1. Any town, at its own expense, may build and main- 
tain a house of correction, or may appropriate, in part or 
in whole, any work-house owned by such town for such 
purpose ; and any person belonging to or found in such 
town, liable to be sent by a trial justice to the county 
house of correction, may be sent to such town house by 
any justice of such town, and by the like process. R. S. 
c. 141, § 15. 

2. The selectmen of any such town shall annually ap- 
point three, five, or seven discreet persons, overseers of 
such house, and may establish, from time to time, such 
rules and orders not repugnant to law, as they deem nec- 
essary for governing and punishing persons committed 
thereto. lb. § 16. 

3. When any work-house is so appropriated for a house 
of correction, the master thereof shall be master of the 
house of correction ; but in other cases the overseers 
thereof shall appoint a suitable master, removable at their 
pleasure. lb. § 17. 

4. The overseers and master of such town house of 
correction shall have such compensation for their services 
as is annually voted by their towns. lb. § 18. 

5. The overseers, from time to time, shall examine into 
the prudential concerns and management of such house, 



TOWN HOUSES OF CORRECTION. 231 

and see that the master faithfully discharges his duty. lb. 
§19. 

6. Every person committed to such town liouse of cor- 
rection shall be supplied by the keeper with a suitable 
quantity of bread and water, or other nourishment, as the 
overseers order; and all expenses incurred for commit- 
ment and maintenance, exceeding the earnings of the per- 
sons confined, shall be paid by the parties liable for similar 
charges in the case of persons committed to a county house 
of correction. lb. § 20. 

7. The overseers of any such town house of correction 
may commit thereto, for a term not exceeding forty-eight 
hours, any person publicly appearing intoxicated, or in any 
manner violating the public peace, when the safety of the 
person intoxicated, or the good order of the community 
requires it, till such person can be conveniently carried be- 
fore a magistrate and restrained by complaint and warrant 
in the usual course of criminal prosecutions. lb. § 21. 

8. The form of the order for commitment may be in 
substance as follows : 

To A. B., master of the house of correction in the town 

of : You are hereby required to receive and keep C. 

D. in said house of correction for the term of hours, 

unless sooner discharged by our order. 

E. F. ) Overseers of said House 
G.H. ) of Correction. 

And any sheriff, deputy-sheriff, constable, or other per- 
son, to whom such order is given by said overseers, shall 
forthwith apprehend and convey such person to said house 
of correction, and deliver him to the master thereof, to be 
taken and kept agreeably to the order; and shall be enti- 
tled to receive from the town such fees for service and 
travel as are allowed for service of warrants. lb. § 22. 



232 



MAINE TOWNSMAN". 



CHAPTER LXVIII. 



WOKK-HOFSES. 



1. Towns may provide work-houses. 

2. Towns may choose overseers of 

such houses. 

3. Duties of such overseers. 

4. Contiguous towns may unite in 

building work-houses. 

5. Joint board of overseers ; their 

powers. 

6. Quarterly and other meetings of 

such board. 

7. Choice of officers. 

8. By-laws, when and how made. 

9. Proportion in which expenses are 

paid. 
10. Mode of recovery from delinquent 
town. 



11. Neither town may commit more 

than its proportion. 

12. Idlers having no settlement may 

be committed. 

13. Delinquent town. 

14. Either town may furnish addition- 

al material for labor. 

15. Master to keep a registry. 

16. Controversy between master and 

overseers. 

17. Each town liable for its own com- 

mitments. 

18. Persons committed to be kept em- 

ployed. 

19. Work-houses may be discontinued. 



1. Any town may erect and provide a work-house for 
the employment and support of persons of the following 
description : all poor and indigent persons, maintained by 
or receiving alms from the town ; all able-bodied persons 
not having estate or means otherwise to maintain them- 
selves, who refuse or neglect to work ; all persons who 
live a dissolute and vagrant life, and exercise no ordinary 
calling or lawful business sufficient to gain an honest live- 
lihood; and all such persons as spend their time and 
property in public-houses, to the neglect of their proper 
business, or by otherwise misspending what they earn, to 
the impoverishment of themselves and their families, are 
likely to become paupers. R. S. c. 21, § 1. 

2. Every town having a work-house, may, at its annual 
meeting, choose three, five, or seven, or more overseers 
thereof, who shall have the inspection and government 
thereof, with power to appoint a master and needful as- 
sistants for the more immediate care and superintendence 
of the persons received or employed therein. lb. § 2. 

3. The overseers, as occasion requires, shall hold meet- 
ings on the business of their office ; make needful orders 
and regulations for such house, to be binding until the 
next town meeting, when they shall be submitted to the 
consideration of the inhabitants; and such as are ap- 



WORK-HOUSES. 233 

proved at said meeting shall remain in force until revoked 
by the town. lb. § 3. 

4. Any two or more contiguous towns, at their joint 
charge and for their common benefit, may erect or provide 
such a work-house, and may purchase land for the use 
thereof lb. § 4. 

5. The ordering, governing, and rei^airing of such work- 
house, appointing a master and necessary assistants, and 
removing them from office for sufficient cause, shall be 
vested in a joint board of overseers, three of whom shall 
be chosen by each of said towns at its annual meeting, 
unless all said towns agree on a different number. Va- 
cancies may be supplied by the town in which they hap- 
pen, at any legal meeting. The members appointed by 
any one or more of said towns shall have power to pro- 
ceed in all affairs of said house, notwithstanding any one 
or more of the towns interested has neglected to furnish 
its proportion of members. lb. § 5. 

6. There shall be stated quarterly meetings of all said 
overseers on the first Tuesdays of January, April, July, 
and October, to be held at the work-house, to inspect the 
management and direct the business thereof; and other 
meetings, to be held at the work-house, may be called by 
the overseers of any town concerned, by giving notice of 
the time and occasion thereof to the other members of the 
board as agreed upon at any stated meeting. lb. § 6. 

7. The joint board, when duly assembled, may choose a 
moderator. At their first p^eneral meeting^ after their elec- 
tion, they shall appoint a clerk, who shall be duly sworn,, 
and record all votes and orders of the board. lb. § 7. 

8. Said board, at any general quarterly meeting com- 
posed of at least one-half of their whole number, may 
make all reasonable by-laws and orders, not repugnant to 
the laws of the State, respecting the affairs of such work- 
house ; agree with the master and assistants, and order 
proper allowance for their care and services ; but all other 
matters relating to said work-house may be acted upon at 
any other meeting duly notified, if one-third part of the 
board are present. lb. § 8. 

9. The yearly compensation of the master and assistants 
in any joint work-house, in addition to the allowance afore- 
said, and the expenses of keeping the house in repair, 
shall be paid by the several towns interested, in propor- 
tion to the State tax last assessed upon them when the 



234 MAINE TOWNSMAN. 

expense was incurred; or in such other proportion as all 
the towns interested agree upon. lb. § 9. 

10. If any town refuses or neglects to advance or reim- 
burse its proportion of such allowance or other charges, 
after they shall have been stated and adjusted by the 
joint board of overseers, it may be required of such de- 
linquent town, in the name of any person or persons 
whom the overseers in writing appoint for that purpose, 
lb. §10. 

11. N'o greater number of persons belonging to a town 
shall be received into a joint work-house, than its propor- 
tion thereof can accommodate, when the receiving of 
them will exclude or incommode those belonging to the 
otiier towns. lb. § 11. 

12. When any person, not having a legal settlement in 
any town in this State, becomes idle or indigent, he may 
be committed to the work-house provided for said town, 
to be employed, if able to labor, in the same manner, and 
subject to the same rules as the otlier persons there com- 
mitted, lb. § 12. 

13. If any town jointly interested in any work-house re- 
fuses or neglects to provide its proportion of the necessary 
expenses thereof, or of the materials, implements, or other 
means for carrying on the work there required, according 
to their agreement, or the proper direction of the over- 
seers, it shall be deprived of the privilege of sending any 
person there, until it complies with such agreement or 
direction. lb. § 13. 

14. In addition to the expenses and other things to be 
furnished jointly, each of such towns may furnish such 
other materials, implements, and means of work as its 
overseers determine, for the employment of any person by 
them committed to such house ; and the master shall re- 
ceive such materials, implements, and means of work, and 
keep them separate from those of other towns ; and be ac- 
countable to such town for the cost, and all profits and 
earnings made by the labor of the person under his care 
belonging to such town. lb. § 14. 

15. The master of such work-house shall keep a regis- 
ter of the names of the persons committed, and of the 
towns to which they belong, with the time of their com- 
mitment and discharge, and the amount of their earnings ; 
and the same shall be open to the inspection of the over- 
seers, lb. § 15. 



WORK-HOUSES. 235 

16. All controversies between the master of such house 
and the overseers of any town, relating to his official trans- 
actions, may be determined by the joint board of overseers 
at a general or quarterly meeting. lb. § 16. 

17. 'No town shall be chargeable for the expenses of any 
person not committed to said house by its overseers, nor 
shall any person duly committed bo discharged except by 
written order of the overseers of his town, by vote of the 
joint board at a quarterly meeting, or by the supreme 
judicial court held in the same county upon apj)lication 
for that purpose. lb. § 17. 

18. Every person committed to such work-house, if able 
to work, shall be kept diligently employed during the term 
of his commitment. For idleness, obstinacy, or disorderly 
conduct, he may be punished as provided for by the law- 
ful regulations of the house. lb. § 18. 

19. Any work-house may be discontinued, or applied 
to any other use, when the town or towns concerned agree 
so to do. lb. § 19. 



TITLE VII. 

THE HEALTH, SAFETY, AND GOOD 
ORDER OF TOWNS. 

Chapter 69. Contagious sickness. 

Chapter 70. Health committee. 

Chapter 71. Quarantine regulations. 

Chapter 72. Hospitals. 

Chapter 73. Nuisances. 

Chapter 74. Enginemen and fires. 

Chapter 75. Prevention of fires. 

Chapter 76. Watch and ward. 

Chapter 77. Inuholders and victualers. 

Chapter 78. Lord's day and religious meetings. 

Chapter 79. Public exhibitions, bowling alleys, and billiard 

rooms. 

Chapter 80. Gaming. 

Chapter 81. Dogs, moose, deer, &c. 

Chapter 82. Burying-grounds and dead bodies. 

Chapter 83. Unwholesome provisions and drinks, and poisons. 



CHAPTER LXIX. 



PREVENTION OF CONTAGIOUS SICKNESS. 



1. Precautions against infected per- 

sons. 

2. Precautions against persons arriv- 

ing from infected places. 

3. Restrictions on such persons. 

4. Precautions authorized in Iporder 

towns. 

5. Separate accommodation of infected 

persons. 

6. Process for securing infected ar- 

ticles. 

7. Same subject. 

8. Powers of officers in executing such 



9. Expenses, how paid. 

10. Compensation for men and prop- 

erty impressed. 

11. Adjournment of courts because of 

danger from infection. 

12. Removal of infected prisoners. 

13. Order for removal, how returned. 

14. Ma-iters of vessels liable, when. 

15. Vaccination authorized. 

16. Towns may make by-laws. 

17. Notice to be given of infectious 



1. When any person is or has recently been infected 
with any disease or sickness dangerous to the public 



PREVENTION OF CONTAGIOUS SICKNESS. 237 

health, the municipal officers of the town where he is 
shall provide for the safety of the inhabitants, as they 
think best, by removing him to a separate house, if it can 
be done without great danger to his health, and by j^ro- 
viding nurses, and other assistants and necessaries, at his 
charge, or that of his parent or master, if able, otherwise 
that of the town to which he belongs. R. S. c. 14, § 1. 

2. When any infectious or malignant distemper is 
known to exist in any place out of the State, the muni- 
cipal officers of any town in the State, by giving public 
notice therein, as they find convenient, may require any 
person coming from such place to inform one of them, or 
the town clerk, of their arrival, and from what place ; 
and if he does not, within two hours after his arrival, or 
after actual notice of such requirement, give such infor- 
mation, he shall forfeit one hundred dollars to the use of 
the town. lb. § 2. 

3. S lid officers may prohibit a person, required to give 
such information, from going to any part of their town 
where they think his presence would be unsafe for the 
inhabitants ; and if he does not comply, they may order 
him, unless disabled by sickness, forthwith to leave the 
State, in the manner and by the road they direct ; and if 
he neglects or refuses so to do, any justice of the peace in 
the county, on complaint of either of said officers, may 
issue his warrant to any proper officer or other person 
named therein, and cause him to be removed out of the 
State ; and if during the prevalence of such distemper 
in the place where he resides, he returns to any town in 
this State without the license of the municipal officers 
thereof^ he shall forfeit not exceeding four hundred dol- 
lars, lb. § 3. 

4. The municipal offic3rs of any town near to or 
adjoining the line of the State may appoint, by writing 
under their hands, suitable persons to attend at any places 
by which travelers may pass into such town from 
infected places in other States or provinces ; who may 
examine such passengers as they suspect of bringing with 
them any infection dangerous to the public health, and if 
need be, may restrain them from traveling until licensed 
thereto by a justice of the peace in the county, or one of 
said officers ; and any such passenger, who, without such 
license, travels in this State, except to return by the most 
direct way to the State or province whence he came, after 



238 MAINE TOWNSMAN. 

he has been cautioned to depart by the persona" so ap- 
pointed, shall forfeit not exceeding one hundred dollars 
lb. §4. 

5. Any two justices of the peace may issue a warrant,, 
directed to a proper officer, requiring him to remove any 
person infected with contagious sickness, under the di- 
rection of ^the municipal officers of the town where he is; 
or to impress and take up convenient houses, lodgings, 
nurses, attendants, and other necessaries for the accommo- 
dation, safety, and relief of the sick. lb. § 5. 

6. When on the application of the municipal officers 
of a town it appears to any justice of the peace that 
there is just cause to suspect that any baggage, clothing, 
or goods of any kind within such town are infected with 
any malignant contagious distemper, by a warrant di- 
rected to a proper officer, he shall require him to impress 
so many men as the justice thinks necessary, to secure 
such infected articles, and to post said men as a guard 
over the house or pLace where the articles are lodged, 
who shall prevent any person's removing or coming near 
such articles, until due inquiry is made into the circum- 
stances thereof lb. § 6. 

7. He may, by the same warrant, if it appears to him 
necessary, require said officers, under the direction of the 
municipal officers, to impress and take up convenient 
houses or stores for the safe-keei)ing of such infected 
articles, and cause them to be removed thereto, or other- 
wise detained, until the municipal officers think they are 
free from infection. lb. § 7. 

8. Said officers, if nesi be, may break open any house, 
shop, or other place mentioned in the warrant where in- 
fected articles are, an 1 require such aid as is necessary to 
execute it; and all persons at the command of either of 
said officers, under a penalty of not exceeding ten dollars, 
shall assist in such execution. lb. 8. 

9. The charges of securing such infected articles, and 
of transporting an 1 purifying them, shall be paid by the 
owners thereof, at the price determined by the municipal 
officers. lb. § 9. 

10. When the officer impresses or takes up any houses, 
stores, lodgings, or other necessaries, or impresses any 
mm, as herein provided, the parties interested shall have 
a just compensation therefor, to be paid by the town in 
which such persons or property were impressed. lb. § 10. 



PREVENTION OF CONTAGIOUS SICKNESS. 239 

11. When a malignant infectious distemper prevails in 
any town wherein the supreme judicial court or court of 
county commissioners is to he held, said courts may be 
adjourned and held in any town in said county, by proc- 
lauiation made in such public manner as the courts judge 
best, as near their usual place of meeting as they think 
safety permits. lb. § 11. 

12. When any person in a jail, house of correction, or 
work-house, is attacked with any disease, which the mu- 
nicipal officers of his town, by medical advice, consider 
dangerous to the safety and health of other prisoners, or 
of the inhabitants of the town, they shall, by their 
order in writing, direct his removal to some place of 
snfety, there to be securely kept and provided for until 
their further order ; and if he recovers from such disease, 
he shall be returned to his place of confinement. lb. § 12. 

13. If he was committed by order of a court, or under 
a judicial process, the order for his removal, or a copy 
thereof, attested by the municipal officers, shall be re- 
turned by them, with the doings thereon, into the office 
of the clerk of the court from which such order or process 
was issued. No such removal shall be deemed an escape. 
lb. § 18. 

14. If a master, seaman, or passenger of a vessel in 
which there is any infection, or has lately been, or is sus- 
pected to have baen, or which has come from a port 
where any infectious distemper prevails dangerous to the 
public health, refuses to answer, on oath, such questions 
as are asked him, relating to such infection or distemper, 
by the municij^al officers of the town to which such vessel 
comes, which oath either of said officers may administer, 
he shall forfeit not exceeding two hundred dollars, or be 
imprisoned not more than six months. lb. § 17. 

15. The mayor and aldermen of any city, and the selectmen 
of any town or plantation, shall annually, on the first day of 
March, or oftener if they deem it prudent, provic^'e for the free 
vaccination with the cow-pox, of all the inhabitants over two 
years of age, within their respe3tive localities, to be done under 
the care of skilled practicing physicians, and under such circum- 
stances and restrictions as said authorities adopt therefor. 
lb. § 35. 

16. Towns may establish by-laws for the preservation of 
health, and for protection against infectious diseases. lb. § 36. 

17. When a householder or physician knows that a 
person under his care is taken sick of any such disease, 
he shall immediately give notice thereof to the municipal 



240 MAINE TOWNSMAN. 

officers of the town where such person is ; and if he 
neglects it, he shall forfeit not less than ten, nor more 
than thirty dollars. lb. § 32. 



CHAPTER LXX. 



HEALTH COMMITTEE. 



1. Health committee, how chosen. I 3. Nuisances, to be abated. 

2. Duty of selectmen. | 4. Board of health. 

1. A town, at its annual meeting, may choose a health 
committee of not less than three or more than nine, or 
one person to be a health officer, who shall remove, at the 
expense of their town, all filth found in any place therein, 
which, in their judgment, endangers the lives or health of 
any inhabitant ; and require the owner or occupant, when 
they think necessary, to remove or discontinue any drain 
or other source of filth. R. S. c. 14, § 14. 

2. If any town, at its annual meeting, omits to choose 
such committee or officer, the municipal officers shall be a 
health committee, and have all their powers and perform 
all their duties. lb. § 15. 

3. When any source of filth, or other cause of sickness, 
is found on private property, the owner or occupant there- 
of shall, within twenty-four hours after notice from the 
said committee or officer, at his own expense, remove or 
discontinue it ; and if he neglects or unreasonably delays 
to do so, he shall forfeit not exceeding one hundred dol- 
lars ; and said committee or officer shall cause said nui- 
sance to be removed or discontinued ; and all expenses 
thereof shall be repaid to the town by such owner or oc- 
cupant, or by the person who caused or permitted it. lb. 
§16. 

4. A town may choose a board of health of not less 
than three or more than nine persons, who shall have all 
the powers, and be subject to all the duties, restrictions, 
liabilities, and penalties of the municipal officers, and 
health committee or officer. lb. § 34. 



QUARANTINE REGULATIONS. 241 



CHAPTER LXXI, 

QUARANTINE REGULATIONS. 



1. Anchorage for infected vessels. 

2. Penalty. . 

3. Power of selectmen. 

4. Duty of pilots, 

5. Penalty for violating quarantine. 



6. Signals to be furnished. 

7. Duty of health committee. 

8. Expenses of quarantine. 

9. Exceeding authority. 



1. When a vessel arrives at a port in this State, having 
on board any person infected with a maUgnant disease, 
the master, commander, or pilot thereof sliall anchor it at 
some convenient place below the town of such port, at a 
distance safe for the inhabitants thereof and the persons 
on board other vessels in the port; and no person or thing 
on board shall be brought on shore, until the municipal 
officers give their written permit therefor. R, S. c. 14, § 18. 

2. For the willful violation of the provisions of the pre- 
ceding section, such master or commander shall forfeit not 
exceeding two hundred, and the pilot not exceeding fifty 
dollars for each ofiense. lb. § 19, 

3. The municipal officers of a seaport town may cause 
any vessel arriving there to perform quarantine at such 
place and under such regulations as they may judge expe- 
dient, when they think the safety of the inhabitants re- 
quires it ; and whoever neglects or refuses to obey such 
orders and regulations, shall forfeit not exceeding five 
hundred dollars, or be imprisoned not exceeding six 
months. lb. § 20. 

4. When such officers of a seaport town think it neces- 
sary to order all vessels arriving there fi'om any particular 
port or ports to perfomi quarantine, they shall give notice 
thereof to the pilots of their port, who shall make it known 
to the master of all vessels which they board. If any 
pilot neglects to do so, or, contrary thereto, pilots any 
vessel up to said seaport town, he shall forfeit not exceed- 
ing one hundred dollai^s. lb. § 21. 

5. When the master or commander of a vessel takes it 
up to any seaport town after notice that a quarantine has 
been so directed for all vessels coming fi.'om the port or 
place whence his vessel sailed, or by false declarations, or 

16 



242 MAINE TOWNSMAN. 

otherwise, fraudulently attempts to elude such directions ; 
or lands or suffers to be landed from his vessel any person 
or thing, without permission of the municipal officers, he 
shall be punished as provided in section 20. Jb. § 22. 

6. The municipal officers of every seaport town, requir- 
ing vessels to perform quarantine, shall provide, at the 
expense of such town, a suitable number of red flags, at 
least three yards in length ; and the master of every ves- 
sel ordered to perform quarantine shall cause one of them 
to be continually kept, during the term thereof, at the 
head of the mainmast of his vessel ; and no person shall 
go on board such vessel during said term unless by per- 
mission of said officers ; if he does, he shall be thereafter 
held liable to the same regulations and restrictions as those 
belonging to said vessel ; and shall there be detained by 
force, if necessary, until duly discharged by said officers. 
lb. § 23. 

7. In every seaport town where there is a health com- 
mittee or officer, he may perform all the duties, and exer- 
cise all the authority, of the municipal officers in requiring 
vessels to perform quarantine. lb. § 24. 

8. All expenses incurred on account of any person, ves- 
sel, or goods, under quarantine regulations, shall be paid 
by him, or the owner of the vessel or goods, as the case 
may be. lb. § 25. 

9. Health officers are not authorized to take vessels, in 
quarantine, into their own possession and control to the 
exclusion of the owner or those whom he has put in charge. 
If they do, the town is not responsible for their acts. 41 
Maine, 363. 



CHAPTER LXXII 

TOWN HOSPITALS. 



1. Towns may establish hospitals. 

2. Inoculation, restrictions on. 

3. Duty of attendants at hospitals. 



4. Hospitals for infectious diseases. 

5. Violation of regulations. 



1. A town may establish therein one or more hospitals 
for the reception of persons having the small-pox or other 
disease dangerous to the public health ; or its municipal 



TOWN HOSPITALS. 243 

officers may license any building therein as a hospital, to 
be under the control of said officers ; but no such hospital 
shall be within one hundred rods of an inhabited dwelling- 
house in an adjoining town without the consent of its 
municipal officers. R. S. c. 14, § 26. 

2. If any person inoculates himself or any other person, 
or suffers himself to be inoculated with the small-pox, 
unless at some lawful hosj^ital, he shall forfeit not exceed- 
ing one hundred dollars for each offense. lb. § 27. 

8. "When a hospital is so established or licensed, the 
physician, the persons inoculated or sick therein, the 
nurses, attendants, and all persons who come within its 
limits, and all furniture or other articles used or brought 
there, shall be subject to the regulations made by the 
municipal officers. lb. § 28. 

4. When the small-pox or any other disease dangerous 
to the public health breaks out in a town, the municipal 
officers shall immediately provide such hospital or place 
of reception for the sick and infected, as they judge best 
for the accommodation and safety of the inhabitants; and 
such hospitals and places shall be subject to their regula- 
tions the same as established hospitals; and they shall 
cause such sick and infected to be removed thereto, unless 
their condition will not admit of it without imminent 
danger; in that case, the house or j^lace where the sick is, 
shall be deemed a hospital for every purpose aforesaid; 
and all persons residing in or in any way concerned with 
it shall be subject to hospital regulations. lb. § 29. 

5. If any physician or other person in such hospitals or 
places of reception, violates any lawful regulation in rela- 
tion thereto, with respect to himself, or his or another's 
property, he shall forfeit not less than ten, nor more than 
one hundi'ed dollars for each offense. lb. § 31, 



244 



MAINE TOWNSMAN. 



CHAPTER LXXIII. 



NUISANCES. 



10. 



Certain places declared nuisances. 

4? mishment for keeping such nui- 
sances. 

Lease to a tenant keeping a nui- 
sance, void. 

Liability of owners of buildings, 
knowingly allowing nuisances. 

Certain nuisances described. 

Places to be assigned for unwhole- 
some employments. 

Proceedings when places assigned 
become offensive. 

When buildings for manufacture 
of gunpowder shall be deemed 
nuisances. 

Burning bricks in parts of a town 
prohibited by vote ; nuisances. 

Water-mills, dams, streams, fences, 
and buildings, in certain cases, 
not nuiiiances. 



11. Stationary steam-engine not to be 

used without license. 

12. Duty of town officers on applica- 

tion for a license. 

13. Such engine erected without license 

to be deemed a nuisance. 

14. Power of town officers to remove 

such engine. 

15. Steam boilers to be provided with 

fusible safety-plug. 

16. Penalty for removing such plug, or 

using steam-boiler without such 
plug. 

17. Blasting rocks ; notice to be 

given. 

18. Penalty. 

19. What buildings may be adjudged 

nuisances. 



1. All places used as houses of ill-fame, resorted to for 
lewdness or gambling, for the illegal sale or keeping of in^ 
tcxicating liquors, are common nuisances. R. S. c. 17, § 1. 

2. Any person keeping or maintaining any such nui- 
sance, shall be punished by fine not exceeding one thousand 
dollars, or by imprisonment in the county jail not more than 
one year. lb. § 2. 

3. If any person being a tenant or occupant, under any 
lawful title, o/ any building or tenement not owned by him, 
uses it or any part thereof for any purpose named in the 
first section, forfeits his right thereto, and the owner there- 
of may make immediate entry, without process of law. lb. 
§3. 

4. If any person knowingly lets any building or tene- 
ment owned by him, or under his control, for any of the 
purposes in the first section named, or knowingly permits 
the same or part thereof to be so used, shall be deemed 
guilty of aiding in the maintenance of a nuisance, and be 
punished by a ime of not less than one hundred nor more 
than one thousj^nd dollars, or by imprisonment in the coun- 
ty jail not less vJian thirty days nor more than six months, 
lb. § 4. 



NUISANCES. 245 

5. The erection, continuance, or use of any building or 
other place for the exercise of a trade, employment, or 
manufacture, which, by occasioning noxious exhalations, 
offensive smells, or other annoyances, becomes injurious 
«nd dangerous to the health, comfort, or property of indi- 
viduals or the public ; causing or suffering any offal, filth, 
or noisome substance to be collected, or to remain in any 
place to the prejudice of others ; obstructing or impeding, 
without legal authority, the passage of any navigable river, 
harbor, or collection of water; corrupting or rendering 
unwholesome, or impure, the water of a river, stream, or 
pond; unlawfully diverting it from its natural course 
or state, to the injury or prejudice of others ; and the ob- 
structing or incumbering by fences, buildings, or otherwise, 
the highways, private ways, streets, alleys, commons, com- 
mon landing-places, or burying-grounds, shall be deemed 
nuisances within the hmitations and exceptions herealter 
mentioned. lb. § 5. 

6. The municipal officers of a town, when they judge 
it necessary, may assign some place or places therein for 
the exercise of any trade, employment, or manufacture 
aforesaid, and forbid their exercise in other places, under 
penalty of being deemed public or common nuisances, and 
liable to be dealt with as such. All such assignments 
shall be entered in the records of the town, and may be 
revoked when said officers judge proper. lb. § 6. 

7. When any place or building so assigned becomes a 
nuisance, offensive to the neighborhood, or injurious to the 
public health, any person may complain thereof to the su- 
preme judicial court, and if after notice to the party com- 
plained of, the truth of the complaint is admitted by 
default, or made to appear to a jury on trial, the court 
may revoke such assignment, and prohibit the further use 
of such place or building for such purposes, under a pen- 
alty not exceeding one hundred dollars for each month's 
continuance after such prohibition, to the use of said 
town ; and may order it to be abated, and issue a warrant 
therefor, or stay it as hereafter provided; and if the jury, 
on such trial, acquits the defendant, he shall reco\^er costs 
of the complainant. lb. § 7. 

8. If a person carries on the business of manufacturing 
gunpowder, or of mixing or grinding the composition 
therefor, in any building within eighty rods of any valua- 
ble building not owned by such person or his 
lessor, erected when such business was commenced, 



246 MAINE TOWNSMAN. 

the former building shall be deemed a public nuisance ; 
and such person may be prosecuted accordingly. lb. § 8. 

9. A town, at its annual meeting, may prohibit the 
burning of bricks, or the erecting of brick-kilns within 
such parts thereof as they deem for the safety of the citi- 
zens or their property. And if any person, by himself or 
others, violates such prohibition, the municipal officers 
shall cause said bricks or brick-kiln to be forthwith re- 
moved, at the expense of the owner thereof; and the of- 
fender shall be liable to a fine not exceeding two hundred 
dollars to the use of said town; and if said bricks or brick 
kiln are not removed before a conviction, the court may 
issue a warrant for the removal thereof, or stay it as here- 
after provided. lb. § 9. 

10. The erecting and maintaining of water-mills and 
dams to raise water for working them upon or across 
streams not navigable, as provided in the chapter relating 
thereto, shall not be deemed nuisances, unless they become 
offensive to the neighborhood or injurious to the public 
health, or unless they occasion injuries or annoyances of a 
kind nut authorized by said chapter. Fences and build- 
ings fronting on public ways, commons, or lands appro- 
priated to public use, shall not be deemed nuisances, when 
they have been erected for the times and in the manner 
provi detain section ninety-five, chapter eighteen of Re- 
vised biatutes. lb. § 10. 

11. iNo stationary steam-engine shall be erected in a 
town, unless the municipal officers have previously granted 
license therefor, designating the place where the buildings 
therefor shall be erected, the materials and mode of con- 
struction, the size of the boiler and furnace, and such 
provisions as to height of chimneys or flues, and protec- 
tion against fire and explosion, as they judge proper for 
the safety of the neighbDrhood. Such license is to be 
granted on written application, and recorded in the town 
records, and a certified copy of it furnished, without 
charge, to the 23erson or persons applying for the license. 
lb. §17. 

12. When application is made for such license, said 
officers shall assign a time and place for its consideration, 
and give public notice thereof at least fourteen days be- 
forehand as they think proper, at the expense of the 
applicant, that all persons interested may be heard before 
granting a license. lb. § 18. 



NUISANCES. 247 

13. Any such engine erected without a license shall be 
deemed a common nuisance without any other proof than 
its use. lb. § 19. 

14 Said officers shall have the same authority to abate 
and remove a steam-engine, erected without license, as is 
given to the health committee or health officer in chapter 
fourteen for the removal or discontinuance of the nui- 
sances therein mentioned. lb. § 20. 

15. No p2rs3n or corporation shall manufacture, sell, 
use, or cause to be usei any steam-bailer in this State, 
unless it is provided with a fusible safety-plug, made of 
lead or some other equally fusible material, not less than 
one-half inch in diameter, which shall be placed in the 
roof of the fire-box, when a fire-box is used ; and in all 
cases, shall be placed in the part of the boiler fully ex- 
posed to the action of the fire, and as near the top of the 
water-line as any part of the fire surface thereof; and for 
this purpose it sh ill be lawful to use Ashcroft's " protected 
safety fusible plug." lb. § 21. 

16. If any person without just and proper cause removes 
from the boiler the safety-plug, or substitutes any material 
more capable of resisting the action of the fire, or if any 
person or corporation uses or causes to be used, for six 
consecutive days, or manufactures, or sells a steam-boiler 
unprovided with such safety fusible plug, the offiiuder 
shall be punished by a fine not exceeding one thousand 
dollars. lb. § 22. 

17. Persons engaged in blasting lime-rocks or other 
rocks, before each explosion shall give seasonable notice 
thereof^ so that all persons or teams approaching shall 
have time to retire to a safe distance from the place of 
said explosion ; and no such explosion shall be made after 
sunset.' lb. § 23. 

18. Whoever violates the preceding section, forfeits to the 
prosecutor five dollars for each offense, to be recovered in an 
action of debt, and is liable for all damages caused by any ex- 
plosion ; and if the persons engaged in blasting rocks are unable 
to pay, or after judgment and execution, avoid payment of the 
fine, damages and costs, by the poor debtor's oath, the owners 
of the quarry, in whose employment they were, are liable for 
the same. lb. § 24. 

19. When the municipal officers of any town after personal 
notice in writing to the owner of any burnt, dilapidated, or 
dangerous building, or by publication in a newspaper in the 
same county, if any, three weeks successively, otherwise in the 
State paper, and after a hearing of the matter, shall adjudge the 



248 



MAINE TOWNSMAN". 



same to be a nuisance, or dangerous, they may make and record 
an order, prescribing what disposition shall be made thereof, 
and tliereupon the town clerk shall deliver a copy of such order 
to a constable, who shall serve such owner, if resident within 
the State, with an attested copy thereof, and make return of 
his doings thereon to said clerk forthwith. If the owner, or 
part-owner, is unknown, or resides without the State, such 
notice shall be given by publication in the State paper, or in a 
paper published in the county, three weeks successively. If no 
application is made to the supreme judicial court, or a justice 
thereof, as is hereafter provided, the municipal olSficers of such 
town shall cause said nuisance to be abated, removed, or altered 
in compliance with their order, and all expenses thereof shall 
be repaid to the town within thirty days after demand, or may 
be recovered of such person by an action for money paid. lb. 
§ § 26, 27. 



CHAPTER LXXIV. 



ENG-INE-aiEN AND FIRES. 



1. Cities and towns may prescribe 

rules for care and managv^ment 
of fire-engine s. 

2. Officers have power of fire wards. 

3. Engine-meu excused from serving 

as jurors; tenure of office; an- 
nual meeting. 

4. Engine companies to meet once a 

month. 

5. Discharge of negligent engine-men. 



6. Election of firewards. 

7. Duty of firewards. 

8. Powers of firewards. 

9. Officers appointed under special 

laws have same powers as fire- 
wards. 

10. Compensation to owner of building 

demolished, whereby fire is 
stopped. 

11. Plunder at fires declared larceny. 



1. Any town, corporation, or individuals providing fire- 
engines, hose, ladders, or other aj)paratus for the extin- 
gaish.nent of fires, or the preservation of life or property 
from destraction at fii-e?, miy, by orlinancas or by-laws, 
prescribe rules and regulations for the care and manage- 
ment thereof, for the employment and compensation of 
men, not exceeding sixty to each engine, whether engine- 
men or other persons, for the appointment of officers to 
govern them when on duty and take charge of such ap- 
paratus, and may prescribe their style, rank, powers, and 
duties. R. S. c. 26, § 1. 



ENGINE-MEN AND FIRES. 249 

2. The engineers, or other officers chosen by any town 
under the provisions of any ordinance or by-law^ shall ex- 
ercise in addition to the powers thereby conferred, all the 
powers and duties of firewards as prescribed in this chap- 
ter, unless restricted by the ordinance or by-law und^er 
which they are chosen ; and such towns shall be responsi- 
ble for the acts of their said officers, as they are for the 
acts or orders of firewards in similar cases ; and such fire- 
men and engine-men, so employed, shall have all the pow- 
ers and privileges, and be subject to all the duties and lia- 
bilities of engine-men, as prescribed in this chapter. lb. 
§2. 

3. Such engine-men shall be excused from serving as 
jurors in any court, unless their towns otherwise decide; 
continue in office during the pleasure of the municipal offi- 
cers ; meet annually to elect such officers as are deemed 
necessary to give efficiency to their operations ; establish 
such rules and regulations respecting their duty, as are ap- 
proved by said municipal officers and not repugnant to the 
laws of the State, and affix penalties to be recovered by 
their clerk, not exceeding six dollars for any one offense. 
lb. §3. 

4. Companies of engine-men shall meet once every 
month, and oftener if necessary, for the purpose of exam- 
ining the state of their engines and the appendages there- 
of; and by night and by day without delay, under the 
direction of the firewards of the town, they shall use their 
best endeavors to extinguish any fire therein, or in the 
immediate vicinity thereof, that comes to their knowledge, 
lb. § 4. 

5. When any engine-man or any member of a company 
organized under special laws is negligent in the discharge 
of his duties, in the opinion of the municipal officers, on 
proof thereof they shall discharge him from the company, 
and appoint some other person in his stead ; and they may 
select from the engine-men any number for each engine in 
said town, who shall, under the direction of the firewards, 
attend fires therein with axes, fire-hooks, fire-sails, and lad- 
ders, and perform such further duty as said officers, from 
time to time, prescribe. lb. § 5. 

6. Each town, at its annual meeting, may elect as many 
firewards as are deemed necessary; and each person so 
chosen shall be notified in three days, and shall enter his 
acceptance or refusal of the office, with the town clerk, 



250 MAINE TOWNSMAN. 

within three days after such notice, on penalty of ten dol- 
lars, unless excused by the town ; and if excused, the town 
shall elect another in his place. lb. § 6. 

7. When a fire breaks out in any town, the firewards 
shall immediately attend at the place with their badges 
of office ; and when there, any three of them may direct 
any building to be pulled clown or demolished, that they 
judge necessary to prevent the spread of the fire ; but in 
their absence the major part of the municipal, or any two 
civil or military officers present, shall, in the order they 
are named, have the same power. lb. § 7. 

8. During the continuance of any fire, said firewards 
or other officers may require assistance in extinguishing 
the fire and removing merchandise and furniture ; appoint 
guards to secure the same and aid in pulling down or de- 
molishing buildings and suppressing disorder and tumult; 
and generally direct all operations to prevent further 
destruction or damage ; and any person refusing to obey 
their orders shall forfeit the sum of ten dollars. lb. § 8. 

9. The chief engineer, engineers, firewards, and other 
officers appointed for particular localities under the pro- 
visions of special laws, shall have the same power as to 
pulling down or demolishing any building to prevent the 
spreading of fires, and as to other things affecting the ex- 
tinguishment thereof, as firewards now have by law; and 
the town to which they belong shall be liable to pay such 
compensation for damages consequent upon their acts, as 
other towns are liable to pay for similar damages ; and 
the members of the fire department in such localities 
shall enjoy all the privileges, and be liable to all the duties 
of other firemen in the State; but nothing herein shall be 
construed to control the manner of their election. lb. § 9. 

10. If the pulling down or demolishing any building, 
except that in which the fire originated, is the means of 
stopping the fire, or if the fire is stopped before it comes 
to the same, then the owner of such building shall be 
entitled to a reasonable compensation therefor from the 
town. lb. § 10. 

11. If any person steals, carries away, or conceals any 
property not his own, at a fire, or exposed by reason there- 
of, and does not give notice of it to the owner or one of 
the firewards, he shall be deemed guilty of larceny and 
punished accordingly, lb. § 11. 



PREVENTION OF FIRES. 



251 



CHAPTER LXXY. 



PREVENTION OF FIRES. 



1. Penalty for occupying tenement for 

sail-making, rigging, or livery- 
stable. 

2. Defective chimneys. 
8. Form of notice. 

4. Smoking in mills, &c. ; penalty. 

5. Kindling fires on lauds without per- 

mission. 



6. Kindling fires with intent to injure. 

7. Lawful tires may be kindled, when. 

8. Lumber drivers may kindle fires, 

when. 

9. Gunpowdei*. 

10. Same subject. 

11. Same subject. 

12. Suspected incendiarism. 



1. No person shall occupy any teDement in any mari- 
time town for the business of a sail-maker, rigger, or 
keeper of a livery-stable, except where the municipal 
officers direct ; and any person who offends against this 
section shall forfeit ten dollars a month during the contin- 
uance of such occupancy. R. S. c. 26, § 12. 

2. When a chimney, stove, stove-pipe, oven, furnace, 
boiler, or appurtenances thereto are defective, out of re- 
pair, or so placed in any building as to endanger it or any 
other building by communicating fire thereto, the munici- 
pal officers, on complaint of any fireward, or other citi- 
zen, being satisfied by examination or other proof that 
such complaint is well founded, shall give written notice 
to the owner or occupier of such building, and if he un- 
necessarily neglects for three days to remove or repair the 
same effectually, he shall forfeit not less than ten, nor 
more than one hundred dollars. lb. § 13. 

3. The form of such notice may be as follows : 



To 



of the town of 



You are hereby notified, that the stove-pipe [_or other- 
wise, as the case may he'] in the house \or store, or build- 
ing] occupied by you is deemed by us, selectmen of said 



252 MAINE TOWNSMAN. 

town, to be defective [or out of repair^ or is so placed as 
to endanger the building occupied by , next contigu- 
ous to the building in which it is 2^lc('Ced'], and you are 
requested to remove or repair the same effectually without 
delay, under the penalty in such case made and provided. 
Dated at , this day of . 

A. B.^ 

C. D. >• Selectmen of . 

E. F.) 

4. 1^0 person shall enter any mill, factory, machine-shop, 
ship-yard, covered bridge, stable, or other building, having 
with him a lighted pipe or cigar, or shall light or smoke 
any pipe or cigar therein, under a penalty of five dollars, 
if a notice in plain legible characters is kept up in a con- 
spicuous position over or near each principal entrance to 
such building or place, that no smoking is allowed therein ; 
and if any person defaces, removes, or destroys any such 
notice, he shall forfeit ten dollars. lb. § 14. 

5. If any person kindles a fire by the use of fire-arms 
in hunting or fishing, or by any other means, on land not 
his own, without consent of the owner, he shall forfeit ten 
dollars ; and if such fire spreads and does any damage to 
the property of others, he shall forfeit a sum not less than 
ten, nor more than five hundred dollars and costs, accord- 
ing to the aggravation of the offense; and in either case, 
shall stand committed till the fine and costs are paid. lb. 
§15. 

6. If any person with intent to injure another, kindles 
or causes to be kindled a fire on his own or another's land, 
and thereby the property of any other person is injured or 
destroyed, he shall be punished by a fine of not less than 
twenty, nor more than one thousand dollars, or by im- 
prisonment not less than three months, nor more than 
three years, according to the aggravation of the offense, 
lb. §16. 

7. Whoever for a lawful purpose kindles a fire on his 
own land, shall do so at a suitable time and in a careful 
and prudent manner ; and shall be liable, in an action on 
the case, to any person injured by his failure to comply 
with this provision. lb. § 17. 

8. Persons engaged in driving lumber upon any waters, 
may kindle fires when necessary for the purposes in which 
they are engaged, but shall use the utmost caution to pre- 



PREVENTION OF FIRES. 253 

vent them from spreading and doing damage, and if they 
fail so to do, they shall be subject to all the liabilities 
and penalties hereof, as if the privilege granted by this 
section had not been allowed. lb. § 18. 

9. In every town, the municipal officers may make 
regulations in conformity to which shall be kept in the 
town or transported from place to place, all gunpowder, 
petroleum, coal-oils, burning fluids, naphtha, benzine, and 
all explosive and illuminating substances which such offi- 
cers shall adjudge dangerous to the lives or safety of cit- 
izens ; and no person shall keep any of said articles in 
any other quantity or manner, than is prescribed in such 
regulations, under a penalty of not less than twenty nor 
more than one hundred dollars for each offense ; and all 
such articles may be seized by any of said officers as for- 
feited ; and within twenty clays after such seizure, be 
libeled according to law. lb. § 20. 

10. Any municipal officer, with a lawful search war- 
rant, may enter any building or other place in his town 
to search for such articles supposed to be concealed there 
contrary to law. lb. § 22. 

11. The rules and regulations, established in any 
town according to section twenty, shall not be in force 
till they have been published three weeks successively in 
the newspaper in the county, or by posting up attested 
copies of them in three public places in such town. lb. 
§ 23. 

12. Whenever any building, or vessel in port, or their 
contents are wholly or partially destroyed by fire, origi- 
nating on the premises, unless the cause thereof is clearly 
accidental, the mayor of the city or the municipal author- 
ities of the town or plantation where the fire occurs shall 
give notice thereof at once to the sheriff or his deputy, 
and said officer shall thereupon immediately summon 
three good and lawful men to appear at the place of the 
fire at a time to be fixed as soon as possible, to inquire 
when, how and by what means the fire originated, and in 
case of the non-appearance of any person so summoned, 
said officer shall appoint some other person to complete 
said number, and all persons so summoned shall apj)ear 
and act under such summons unless excused for reasona- 
ble cause. lb. § 34. 



254 



MAINE TOWNSMAN. 



CHAPTER LXXVI 



WATCH AND WARD. 



1. Who are liable to watch. 

2. Power of justices and municipal offi- 

cers. 

3. Powers of watch. 

4. Duties of watch. 

5. Badges of constable and watch. 

6. Expense of watch otherwise kept, 

how defrayed. 

7. Proceedings "in such case. 

8. Penalty for neglect of duty by a 

watch. 



9. Penalty for neglect of constable or 
officer. 

10. Watchman to attend justices when 

walking the rounds. 

11. Penalty for riding with a naked 

scythe. 

12. Certain pageantry and bonfires 

prohibited in the night. 

13. Masters and parents liable for 

minors. 



1. Every male person, except ministers of the gospel, 
twenty-one years of age or upwards, who is able-bodied, 
or has estate sufficient to hire a substitute, when duly 
warned, shall be liable to watch and ward in his towil, 
either in person or by a sufficient substitute, unless he 
resides more than two miles from the place where the 
watch or ward is kept. R. S. c. 25, § 1. 

2. The justices of the peace and municipal officers resi- 
dent in any town have power, from time to time, to direct 
and order suitable watches to be kept nightly therein 
from such hour in the evening as they appoint until sun- 
rise in the morning ; and wards to be kept in the day- 
time and evening, when they think such watches and 
wards necessary. They may designate the time, place, 
and number of persons to be so employed; and give 
written orders accordingly, signed by a majority of them, 
directed to any constable of the town, requiring him to 
warn such watch or ward, and to see that all persons so 
warned attend and perform their duty as required ; and 
in the warning to take care that some able householders, 
or other sufficient persons, are joined in each watch or 
ward. lb. § 2. 

The form of the order, as in section two, may be as 
follows : 



The undersigned, justices of the peace resident in the 

town of , and the selectmen of said town, by virtue 

of the authority vested in us by law, do direct and order 



WATCH AND WARD. 255 

that a suitable T\^atch be kept nigbtly in said town, from 

and after the date hereof, until the day of next ; 

said watch to be kept from o'clock in the evening 

until sun-rising in the morning, and to consist of ■ 

persons each night, who shall walk the rounds in and 
about the streets, wharves, lanes, and principal inhabited 
parts of said town, according to law, and perform all 
duties required of them by the statute in such case made 
and provided. We do therefore require of you, the said 
constable, to warn the persons whose names are annexed 
to this warrant, to attend and watch as above, at the 
times we have set against their names respectively, and 
to see that all persons so warned do attend and watch as 
above, at the times we have set against their names re- 
spectively, and in the warning thereof, to take care that 
some able householders or other sufficient persons be join- 
ed in the watch. 

Given under our hands, at said , this day of 

, A. D. 18—. 

Justice of the Peace of . 

Selectmen of . 



3. Such constable shall charge the watch to see that all 
disturbances in the night are prevented or suppressed ; 
and for that purpose the watch may examine all persons 
found walking abroad in the night after ten o'clock, and 
suspected of any unlawful intention, as to their business 
and where they are going ; enter houses of ill-fame for the 
purpose of suppressing any disturbance or riot therein, 
and arrest any person there found engaged in such riot 
or disturbance; and all suspicious persons thus abroad, 
wh o do not give a satisfactory account of themselves, and 
all persons so arrested shall be secured until morning, and 
then be carried before one of the nearest justices of the 
peace for trial. lb. § 3. 

4. The watchmen shall walk in and about the streets, 
wharves, lanes, and principal inhabited parts of each town, 
to prevent fires, and see that good order is kept, and suit- 
ably observe the charge given them as aforesaid. lb. § 4. 

5. Each constable, when attending watch or ward, shall 
carry with him the usual badge of his office; and the 




256 MAINE TOWNSMAN. 

watclimen shall carry a suitable badge, provided by the 
municipal officers of their town. lb. § 5. 

6. When the inhabitants of a town determine to keep 
a watch in any other manner than is provided herein, the 
expense thereof shall be defrayed as other town charges, 
lb. § 6. 

7. When a watch is established under the preceding 
section, the town shall determine the number and qualifi- 
cations of the persons to be employed for that purpose, 
and the municipal officers shall appoint a suitable person 
to be captain of the watch. Every watchman shall be 
equipped as the municipal officers determine; and the 
powers and duties of the captain and watchmen shall be 
the same as before prescribed in the case of a constable's 
watch. lb. § 7. 

8. If any person liable to watch and ward is duly warn- 
ed by such captain or constable, or by any person appointed 
by either, and refuses or neglects to appear and perform 
his duty, by himself or a sufficient substitute, without a 
just and reasonable excuse, he shall forfeit, for each offense, 
not less than one, nor more than ten dollars, to the use of 
the town. lb. § 8. 

9. If a constable or captain of the watch neglects or 
refuses to obey the orders given him, he shall forfeit not 
less than ten dollars to the use of the town. lb. § 9. 

10. When said justices of the peace and municipal offi- 
cers think fit to walk by night to inspect the order of their 
town, or depute any portion of their number for the pur- 
pose, such constables and watchmen as are required shall 
attend them or said deputation, and obey their lawful com- 
mands, lb. § 10. 

11. If any person rides in the highways with a naked 
scythe, sharpened and hung in a sna^h, or in any lanes, 
streets, or alleys, he shall forfeit two dollars for each of- 
fense, lb. § 11. 

12. If three or more persons, between sunset and sun- 
rise, assemble in any street or lane in a town, and have 
any imagery or pageantry for a public show, whether 
armed or disguised, or requiring or receiving money, or 
other valuable things or not, on account thereof; and 
whoever sets fire to a pile of combustible stuff, or is con- 
cerned in making or causing a bonfire in any street, lane, 
or other part of the town within ten rods of any building, 
each shall forfeit eight dollars, or be imprisoned not more 
than one month for each offense. lb. § 12. 



INNHOLDERS AND VICTUALERS. 



257 



13. Masters shall be liable to pay the several fines men- 
tioned in this chapter for the offenses of their servants or 
apprentices, if legally bound to them, at the election of 
the prosecutor; and parents shall be Hable at the like 
election for the offenses of the minor children, unless such 
children are bound to other persons as servants or appren- 
tices, lb. § 14. 



CHAPTER LXXVII. 

INNHOLDERS AND VICTUALERS. 



Licenses to innholdei-a and vitual- 
ers, when and by whom granted. 

Persons licensed, to give bond; 
form thei-eof. 

Licenses may be granted for a part 
of the year. 

Fee for license, and record of all 
licenses. 

Duty of innholders to provide en- 
tertainment. 



6. Innholders liable, when. 

7. Same subject. 

8. Same subject. 

9. Their rights. 

10. Shall keep signs. 

XI. Gambling prohibited. 

12. Same subject. 

13. Duty of licensing board, when. 



1. The municipal officers, treasurer, and clerk of every 
town shall annually meet on the first Monday of May, or 
on the succeeding day, or both, and at such time and place 
in said town as they appoint by posting up notices in two 
or more public places therein, at least seven days pre- 
viously, stating the purpose of the meeting; and at such 
meeting may license under their hands as many persons 
of good moral character, and under such restrictions and 
regulations as they deem necessary, to be innholders and 
victualers in said town, until the day succeeding the first 
Monday in May of the next following year, in such house 
or other building, as the license specifies. And at any 
meeting notified and held as above named, they may re- 
voke licenses so granted if in their opinion there is suffi- 
cient cause therefor. R. S. c. 27, § 1. 

2. No person shall receive his license, until he has given 
his bond to the treasurer, to the acceptance of the board 
granting it, with one or more sureties, in the penal sum of 
three hundred dollars, in substance as follows, viz. : lb. § 2. 

17 



258 MAINE TOWNSMAN 

Know all men, that we, , as principal, and , 

as sureties, are holden and stand firmly bound to , 

treasurer of the town of , in the sum of three hundred 

dollars, to be paid to him, or his successor in said office ; to 
the payment whereof we bind ourselves, our heirs, execu- 
tors, and administrators, jointly and severally by these 

presents. Sealed with our seals. Dated the day of 

-, in the year 18 — . The condition of this obligation 

is such, thit whereas the above-bounden has been 

duly licensed as a within the said town of , until 

the day succeeding the first Monday of May next ; now if 
in all respects he conforms to the provisions of the law 
relating to the business for which he is licensed, and to 
the rules and regulations as provided by the licensing board 
in reference thereto, and shall not violate any law of the 
State relating to intoxicating liquors, then this obligation 
shall be void, otherwise remain in full force. 

3. The licensing board may, at any other time, at a 
meeting specially called, and notified as aforesaid for the 
coDsideration of any application therefor to them made, 
grant such license on the like conditions ; but all such 
licenses shall expire on the day aforesaid. lb. § 8. 

4. Every person licensed shall pay to the treasurer, for 
the use of such board, one dollar ; and the clerk shall 
make a record of all licenses granted. lb. § 4. 

5. Every innholder shall, at all times, be furnished with 
suitable provisions and lodging for strangers and travel- 
ers, and with stable-room, hay, and provender for their 
horses and cattle ; and with pasturing, if required by the 
terms of his license ; and he shall grant such reasonable 
accommodations as occasion requires, to strangers, travel- 
ers, and others. lb. § 5. 

6. In case of loss by fire, innholders are answerable to 
their guests only for ordinary and reasonable care in the 
custody of their baggage or other property. lb. § 6. 

7. Innholders are not liable for losses sustained by 
their guests, except for wearing apparel, articles worn or 
carried upon the person to a reasonable amount, personal 
baggage, and money necessary for traveling expenses and 
personal use, unless upon delivery or offer of delivery, by 
such guests, of their money, jewelry, or other property, to 
the innholder, his agent or servants, for safe custody. lb. 
§7. 



INNHOLDEES AND VICTUALEES. 259 

8. An iniiholder against whom a claim is made for loss 
sustained by a guest, may ia all cases show that such loss 
is attributable to the negligence of the guest, or to his 
non-comj^liance with the regulations of the inn ; provided, 
that sach regulations are reasonable and proper, and are 
shown to have been brought to the notice of the guest. 
lb. § 8. 

9. Every victualer shall have all the rights and privi- 
leges and be subject to all the duties and obligations of an 

nnh older, except furnishing lodging for travelers, and 
stable-room, hay, or provender for cattle. lb. § 9. 

10. Every innholder and victualer shall, at all times 
have a board or sign affixed to his house, shop, cellar, or 
store, or in some conspicuous place near it, with his name 
at large thereon, and the employment for which he is 
licensed. lb. § 10. 

11. ISTo innholder or victualer shall have or keep for 
gambling purposes about his house, shop, or other build- 
ings, yards, gardens, or dependencies, any dice, cards, 
bowls, billiards, quoits, or other implements used in gam- 
bling ; or suffer any person resorting thither to use or 
exercise for gambling purposes any of said games, or any 
other unlawful game or sport therein ; and every person 
who shall use or exercise any such game or sport for gam- 
bling purposes in any place herein prohibited, shall forfeit 
five dollars. lb. § 11. 

12. No innholder or victualer shall suffer any reveling, 
riotous or disorderly conduct in his house, shop, or other 
dependencies; nor any drunkenness or excess therein, 
lb. § 12. 

13. No person shall be a common innholder or victualer 
without a license, under a penalty of not more than fifty 
dollars. lb. § 13. 

14. The licensing board shall prosecute for any viola- 
tions of the foregoing sections that come to their knowl- 
edge, by complaint, indictment, or action of debt, in any 
court of competent jurisdiction ; and all penalties recov- 
ered shall be for the use of the town where the offense is 
committed. lb. § 14. 



260 



MAINE TOWNSMAN. 



CHAPTER LXXVIII, 



RELIGIOUS MEETINGS AND LORD'S DAY. 



1. No civil process to be served on 

Sunday. 

2. Rude behavior at religious meetings. 

3. Special police to preserve the peace 

at camp-meetings. 

4. All offenders shall be arrested and 

detained. 



Business, traveling, and recreation 

prohibited on Sunday. 
Innholders and victualers^ their 

duty. 
Persons observing the seventh day 

excepted. 
What Lord's day includes. 



1. No person shall serve or execute any civil process on 
the Lord's clay ; but such service shall be void. R. S. c. 
81, § 81. 

2. Whoever, on the Lord's day or any other time, be- 
haves rudely or indecently within the walls of any house 
of public worship; willfully interrupts or disturbs any 
assembly of persons for religious worship within the 
place of such assembly or out of it ; sells or exposes to 
sale within one mile thereof, and during the time of their 
meeting, any intoxicating liquors, refreshments, or mer- 
chandise, except in his usual course and place of business ; 
exhibits any shows or plays ; engages or aids in any horse- 
race, gaming, or other sports, to the disturbance of such 
assembly; or coming within their neighborhood, refuses, 
on request, either immediately and peaceably to retire 
beyond their hearing, or to conform to the established 
regulations of the meeting, shall be punished by impris' 
onment not more than thirty days, and by fine not ex- 
ceeding ten dollars. R. S. c. 124, § 17. 

8. On application of the presiding elder, preachers in 
charge, or tent-master of a religious or temperance camp- 
meeting in any town, the municipal ofiicers thereof shall 
appoint, in writing signed by a majority of them, one or 
more police officers to preserve the peace during such 
meeting, who may arrest any person violating any pro- 
vision of the preceding section, detain him till a warrant 
can be issued, and execute such warrant when directed to 
them; and the presiding officer, or committee of arrange- 
ments, of any such religious assembly or meeting, may 
appoint some suitable person to keep boarders and sell 
refreshments at such meetings, who shall conform therein 
to such regulations as the officers appointing them pre- 
scribe, lb. § 18. 



RELIGIOUS MEETINGS AND LORd's DAY. 261 

4. Every justice of tlie peace, sheriff, deputy-sheriff, 
constable, grand juror, and tithingman, present at any such 
religious assembly disturbed as aforesaid, shall arrest or 
cause to be arrested every such offender, and detain him 
until the close of such assembly, or until he can be taken 
before a magistrate ; and all persons present at such as- 
sembly, on request, shall assist said officers in the execu- 
tion of their duty, under the same penalties for neglect or 
refusal that are provided for neglecting or refusing to aid 
officers in other cases. lb. § 19. 

5. Whoever, on the Lord's day, keeps open his shop, 
work-house, or warehouse; travels, or does any work, 
labor, or business on that day, except works of necessity 
or charity ; uses any sport, game, or recreation ; or is pres- 
ent at any dancing, public diversion, show, or entertaiur 
ment, encouraging the same, shall be punished by a fine 
not exceeding ten dollars. lb. § 20. 

6. If any innholder or victualer, on the Lord's day, 
suffers any persons, except travelers, strangers, or lodg- 
ers, to abide in his house, yard, or field, drinking or 
spending their time idly, at play, or doing any secular 
business, except works of charity or necessity, he shall 
be punished by fine not exceeding four dollars, for each 
person thus suffered to abide ; and if after conviction he 
is again guilty, by fine not exceeding ten dollars for each 
offense; and upon a third conviction, he shall also be 
incapable of holding any license ; and every person so 
abiding shall be punished by fine not exceeding four dol- 
lars for each offense. lb. § 21. 

7. No person, conscientiously believing that the sev- 
enth day of the week ought to be observed as the Sab- 
bath, and actually refraining from secular business and 
labor on that day, shall be liable to said penalties for 
doing such business or labor on the first day of the week, 
if he does not disturb other persons. lb. § 23. 

8. The Lord's day shall be and include the time be- 
tween twelve o'clock Saturday night and twelve o'clock 
Sunday night. lb. § 22. 



262 MAINE TOWNSMAN. 



CHAPTER LXXIX. 

PUBLIC EXHIBITIONS, BOWLING-ALLEYS, AND BILLIARD ROOMS 



Penalty for unlawful exhibitions. 

Licenses, how granted. 

Penalty for keeping bowling-alley 

without license. 
Licenses, how granted, and fees 

therefor. 



5. Persons licensed to give bond. 

6. If bond be violated, license to be 

revoked. 

7. Penalty. 



1. If any person, for money or other valuable article, 
exhibits in this State any images, pageantry, sleight of 
hand tricks, puppet-show, circus, feats of balancing, wire- 
dancing, personal agility, dexterity, or theatrical per- 
formances, without a license therefor, he shall forfeit for 
every such offense not more than one hundred nor less 
than ten dollars ; but this prohibition shall not extend to 
any permanently established museum. R. S. c. 29, § 1. 

2. The municij)al officers of towns may grant licenses 
for any of the foregoing exhibitions or performances 
therein, on receiving for the use of their town such sum 
as they deem proper ; twenty-four hours being allowed 
therefor. lb. § 2. 

The form of such license may be as follows : 

We, the subscribers, selectmen of the town of 



hereby license to exhibit a menagerie of animals 

within said town, on the day of , he having paid 

to us dollars therefor, to the use of said town. 

Given under our hands this day of , 18 — . 

A. B.^ 

C. D. >• Selectmen of . 

E.F.) 

3. No person shall keep a bowling-alley or billiard 
room without a license, under a penalty of ten dollars for 
each day. lb. § 3. 

4. The municipal officers of towns may license suitable 
persons to keep bowling-alleys, pool, bagatelle, and billiard 
rooms therein, in any place where it will not disturb the 
peace and quiet of a family, for which the person licensed 
shall pay ten dollars. lb. § 4. 



PUBLIC EXHIBITIONS, BOWLING ALLEYS, ETC. 263 

5. Every person licensed shall, at the time he receives 
his license, give a bond to the town with two good and 
sufficient sureties, in a sum not less than one hundred 
dollars, conditioned that he will not permit any gambling 
or drinking of any intoxicating liquors in or about his 
premises ; or any minor to play or roll therein without the 
written consent of his parent, guardian, or master ; or his 
alley, pool, bagatelle, or billiard room to be opened or used 
from ten o'clock in the evening to sunrise. lb. § 5. 

6. If any person, so licensed, violates any of the con- 
ditions of his bond, the municipal officers, on being fur- 
nished with proof thereof, shall revoke the license and 
enforce the payment of the bond for the use of their 
town ; and no person, whose license is so revoked, shall 
afterwards be licensed in said town for such purpose, 
lb. § 6. 

7. The keeper of any bowling-alley, pool, bagatelle, or 
billiard room, who violates any of the provisions of section 
five, shall forfeit ten dollars for the first offense, and 
twenty dollars for each subsequent offense, on complaint 
or indictment to the use of the person prosecuting ; and 
any marshal, sheriff, police, or other officer may at any 
time enter said bowling-alley, pool, bagatelle, or billiard 
room or rooms connected therewith, for the purpose of 
enforcing this or any other law ; and any person who ob- 
structs his entrance shall forfeit not less than five, nor 
more than twenty dollars. lb. § 7. 



264 



MAINE TOWNSMAN. 



CHAPTER LXXX 



GAMBLING. 



1. Punishment for keeping a gambling 

house. 

2. Penalty for gambling. 

3. Penalty for winning more than three 

dollars at one time. 

4. Loser may recover of the winner 

money lost. 



5. Loser, when plaintiff, may be a wit- 

ness, and the winner also. 

6. All securities given for gambling 

debts void. 

7. Justices of the peace, their powers. 

8. Lotteries prohibited. 

9. Same subject. 



1. If any person or corporation keeps a house, shop, or 
other place resorted to for the purpose of gambling, or 
permits any person to gamble in any way in any house, 
shop, or place under his care and control, such offender 
shall be punished by fine not less than twenty nor more 
than one hundred dollars. R. S. c. 125, § 1. 

2. Whoever gambles, or bets on any person gambling, 
shall be punished by fine not less than one nor more than 
twenty dollars. lb. § 2. 

3. Whoever is convicted, by indictment found within 
six months, of winning, at one time or sitting, by gam- 
bling, or betting on persons gambling, any money or goods 
of the value of three dollars or more, and of receiving or 
taking security therefor, shall forfeit to the use of the 
town where the offense is committed, double the value of 
the property so won and received. lb. § 3. 

4. Whoever, by gambling, or betting on persons, gam- 
bling, loses, to any person so gimbling or betting, any 
money or goods, and pays or delivers any part thereof, 
may sue for and recover the same of the winner, in an 
action brought within three months thereafter; and if the 
loser does not, without covin or collusion within said time, 
prosecute therefor with effect, any other person may sue 
for and recover of the winner treble the value of the same 
in such action, half to his own use and half to the use of 
the town. lb. § 8. 

5. In any such action brought by the loser against the 
winner, the plaintiff may offer to make oath that such 
money or goods were lost by gambling with the defend- 
ant, and the court shall thereupon render judgment for 
the plaintiff for the amount thereof, unless the defendant 



GAMBLING. 265 

will make oath that he did not obtain any part thereof by 
gambUng ; and if he so discharges himself, he shall recover 
his costs. lb. § 9. 

6. All notes, bills, bonds, mortgages, securities, or con- 
veyances, given in whole or in part for money or goods 
won by g.imbling, or betting on persons gambling, or to 
repay any money lent or advanced for gambling or bet- 
ting, or at the time and place thereof, shall be ntterly void 
ag.xrast all persons except bona fids subsequent purchasers 
of real estate, and holders of negotiable -paper for a val- 
uable consideration without notice. lb. § 10. 

7. When any person makes oath before a justice of the 
peace that he has reason to suspect, and does suspect, that 
any liousa or building, naming in the complaint the house 
or building and the occupant, is unlawfudy used as a com- 
mon gimbling house, and that idle or dissolute persons 
resort there for that purpose, such justice shall issue his 
search-warrant to search for all implements used for gam- 
bling ; and if any such are found there, for the arrest of 
the occupant or keeper of such house or other building; 
and said implements and keeper shall be carried before 
him, to be dealt with according to law. lb. § 11. 

8. Every lottery, scheme, or device of chance, of 
whatever name or description, whether at fairs or public 
gatherings, or elsewhere, and whether in the interest of 
churches, benevolent objects, or otherwise, is prohibited 
and declared a nuisance ; and whoever is concerned 
therein, directly or indirectly, by making, advertising, 
purchasing, receiving, selling, offering for sale, giving 
away, disposing of, or having in his possession with 
intent to sell or dispose of, any ticket, certificate, share, 
or interest therein ; by printing, publishing, or circulat- 
ing the same, or any handbill, advertisement, or notice 
thereof, or by knowingly suffering the same to be pub- 
lished in any newspaper or periodical under his charge, 
or on any cover or paper attached thereto ; or in any 
manner aids therein or is connected therewith, shall be 
punished by fine not less than one hundred, nor more 
than one thousand dollars, to be recovered by indictment 
or action of debt, one-half to the use of the prosecutor, 
and the other to the town where the offense is commit- 
ted ; and if by action of debt he shall not be entitled to 
the provisions of law for the relief of poor debtors, and 
if by indictment, he shall further be punished by impris- 



266 



MAINE TOWNSMAN. 



onment for thirty days on the first conviction ; sixty, on 
the second ; and ninety, on the third. And all lottery 
tickets, or material for a lottery, procured for that pur- 
pose, shall be disposed of as provided in section twelve 
of chapter one hundred and twenty-five. lb. c. 128, § 13. 
9. A sign-board at a person's place of business, giv- 
ing notice that lottery tickets are for sale there, is an 
advertisement. 5 Pick. 42. 



CHAPTER LXXXI 



MISCHIEVOUS DOGS, WOLVES AND BEAES, MOOSE AND DEER 



1. By-laws relating to dogs. 

2. Dogs may be killed, when. 

3. Penalty for not confining or kill- 

ing dangerous dogs. 

4. Owner of mischievous dog liable 

to treble damages. 

5. Bounty on wolves and bears. 

6. Bounty not to be paid till skiBS 

exjiibited. 

7. Certificates and receipts to be sent 

to treasurer of State. 

8. Forms of certificates, receipts, and 

oaths. 

9. Penalty for killing moose and deer. 



17. 



Appointment of coimty moose- 
wardens. 

Wardens may be chosen by towns. 

Penalties, how recovered and ap- 
propriated. 

Possession, presumptive evidence. 

Destruction of mink, &c., pro- 
hibited. 

Destruction of certain bii'ds pro- 
hibited. 

Destruction of ducks prohibited,- 
when. 

Possession of dead birds, pre 
sumptive. 



1. Towns may pass by-laws to regulate the going at 
large of dogs within them. When any dog does any 
damage to a person or his property, his owner or keeper, 
and also the parent, guardian, master, or mistress of any 
minor or servant, who owns or keeps such dog, shall for- 
feit to the injured person double the amount of the damage 
done. R. S. c. 30, § 1. 

2. Any person may lawfully kill a dog that suddenly 
assaults him or any other person when peaceably walking 
or riding, or is found worrying, wounding, or killing any 
domestic animals out of the inclosure or immediate care 
of the owner. lb. § 2. 

3. Whoever is assaulted, or finds a dog strolling out of 
the inclosure or immediate care of his master, may, within 
forty-eight hours thereafter, make oath before a justice of 
the peace that he really suspects such dog to be danger- 
ous or mischievous, and notify his master by giving him 
a copy of said oath, signed by the justice ; and if the 
master neglects for twenty-four hours thereafter to con- 
fine or kill such dog, he shall forfeit five dollars to any 



MISCHIEVOUS DOGS, ETC. 267 

person suing therefor ; and if such dog is again at large 
out of the care of the master, any person may lawfully 
kill him. lb. § 3. 

4. If a dog, after notice given as aforesaid, wounds any 
person by a sudden assault as aforesaid, or wounds or kills 
any domestic animals, the owner or keeper shall be liable 
to pay the person injured treble damages and costs. lb, 
§4. 

5. A bounty of five dollars for every wolf and bear 
killed in any town in this State shall be paid by the trea- 
surer thereof to the person killing it, on his complying 
with the following provisions. lb. § 5. 

6. No bounty shall be paid unless the person claiming 
it within ten days after he has killed such animal, or 
within ten days after he has returned from the hunting in 
which he killed it, exhibits to the town treasurer the en- 
tire skin thereof with the ears and nose on it in as perfect 
a state as when killed, except natural decay, and signs 
and makes oath to a certilicate, which oath said treasurer 
is hereby authorized to administer, in which he shall state 
that he killed such animal, and the time when and the 
place where he killed it, showing it to be within this State; 
and the said treasurer shall thereupon cut off the whole 
of the ears and the whole of the nose from such skin and 
entirely destroy tbem by burning; then he shall pay the 
bounty and take the receipt of the claimant therefor upon 
the same paper with such certificate. The treasurer shall 
immediately make upon the same paper a certificate under 
oath addressed to the treasurer of State, that he first cut 
of the ears and nose from the skin of such animal and 
destroyed them by burning, and then paid the said bounty 
to the claimant. lb. § 6. 

7. Said certificates and receipts shall annually in the 
month of December be transmitted to the treasurer of 
State, and by him laid before the governor and council as 
early as convenient ; and when allowed by them shall be 
paid by the treasurer of State to such towns, lb. § 7. 

8. The certificates shall be in the folio wino^ form : 

Claimants certificate. 

To the treasurer of . I hereby certify that on the 

day of ^ A. D. 18 — , at , in the State of Maine, 



I killed the ^ the skin of which I now exhibit to you 



268 MAINE TOWNSMAN. 

and I claim the bounty allowed by law for killing the 
same. 

Dated at , this day of , a. d. 18 — . 

A. B., Claimant. 
Subscribed and sworn to before me the day and year 
aforesaid. 

C. D., Treasurer of . 

claimant's receipt. 

On this day of , a. d. 18 — , I received of 

-, treasurer of , dollars, being the bounty al- 



lowed by law for killing the described in the above 

certificate. A. B., Clahnant. 

treasurer's certificate. 

I hereby certify, that, as required by law, I first cut off 

the whole of the ears and nose from the skin of de- 

sci'ibed in the foregoing certificate, and destroyed the 

same by burning, and then paid to the said the 

bounty, for which I have taken his receipt as above. 

Dated at , this day of , a. d. 18 — . 

C. D., Treasurer of . 

Subscribed and sworn to before me, the day and year 
aforesaid. E. F., Justice of the Peace. 

9. Ko person shall hunt or kill with dogs any deer, or 
caribou, on any lands in this State, under a penalty of 
forty dollars for every such deer, or caribou so killed ; 
and no person shall, between the first day of January and 
the first day of October, in any manner hunt or kill any 
deer, or caribou, under the same j^enalties as above pro- 
vided. Any person may lawfully shoot or otherwise kill 
any dog so found hunting moose, deer, or caribou. lb, § 10. 

10. The governor, with advice of council, shall appoint 
one county moose and game warden for each of the coun- 
ties, to hold his ofiice for the term of four years, unless 
sooner removed ; each of whom may appoint in writing 
one or more dei:)uties under him, and require of them suit- 
able bonds for the faithful performance of their duties, 
and the payment to him of his fees ; and said wardens and 
their deputies in their several counties shall faithfully ei 
force the provisions hereof. Each of the deputies shal 
annually, on or before the first day of December, rende 



MISCHIEVOUS DOGS, ETC. 269 

to his principal an account under oath of all the penalties 
by him enforced for the preceding year", and shall pay to 
him one-tenth part of the net proceeds thereof. Each 
county warden shall, annually, in January, render to the 
secretary of State, an account on oath of all the penalties 
enforced by himself, or returned to him by his deputies, for 
the year ending on the first day of December. The i3en- 
alty for neglecting so to do, shall be for a warden, fifty 
dollars, and a deputy, twenty-five dollars ; and the warden 
shall immediately give notice to the county attorney of 
every such neglect of his deputy ; and the secretary of 
State shall notify such county attorney of every such 
neglect of the warden ; and the county attorney shall 
prosecute for every such neglect of which he has notice ; 
and the penalties so recovered shall be for the use of the 
county. lb. § 15. 

11. The municipal officers of any town may insert in 
the warrant for their annual meeting an article for the 
choice of a town moose and game warden, who, in his town 
and anywhere within the distance of twelve miles from 
the exterior bounds thereof, shall have concurrent jurisdic- 
tion with, and the same powers and rights as the county 
moose warden and his deputies; and he shall make a like 
return to the secretary of State under a penalty of twenty- 
live dollars, to be proved, recovered, and appropriated in 
the same way. Each of said officers shall have the same 
authority to require aid in the execution of his office as 
sheriffs and their deputies have. lb. § 16. 

12. The county wardens, their deputies, or town 
wardens may recover the penalties for unlawfully hunting 
and killing moose, deer, and caribou, in an action on the 
case in their own names, or by complaint or indictment 
in the name of the State. lb. § 18. 

13. Whoever kills, destroys, or has in possession be- 
tween the first days of October and January, more than one 
moose, two caribou or three deer, forfeits one hundred 
dollars for every moose and forty dollars for every caribou 
or deer killed, destroyed or in possession in excess of said 
number, and all such moose, caribou or deer or the car- 
casses or parts thereof are forfeited to the prosecutor. 
Whoever has in possession, except alive, more than the 
aforesaid number of moose, deer or caribou, or parts 
thereof, shall be deemed to have killed or destroyed thera 
in violation of law. lb. § 13. 



270 MAINE TOWNSMAN. 

14. ISTo person shall in any way destroy, between the 
first day of May and the fifteenth day of October of each 
year, any mink, beaver, sable, otter, fisher, or muskrat, 
under penalty of ten dollars for each animal so destroyed, 
to be recovered on complaint. lb. § 20. 

15. Whoever kills or has in his possession, except 
alive, or exposes for sale, any wood duck, dusky duck, 
commonly called black duck, or other sea duck, between 
the first days of May and September ; or kills, sells, or, 
has in possession, except alive, any ruffed grouse, com- 
monly called partridge, or woodcock, between the first 
days of December and September following; or kills 
sells, or has in possession, except alive, any quail or i^in- 
nated grouse, commonly called prairie chicken, between 
the first days of January and September, or plover, be- 
tween the first days of May and August, forfeits not less 
than five nor more than ten dollars for each bird so 
killed, had in possession, or exposed for sale. And no 
person shall kill, expose for sale or have in possession, 
except alive, any woodcock or ruffed grouse or j^artridge, 
durhig September, October or November, except for con- 
sumption as food within the State, under the same pen- 
alty, lb. § 21. 

16. Whoever at any time, or in any place, with any 
trap, net, snare, device or contrivance, other than the 
usual method of sporting with fire-arms, takes wild duck 
of any variety, quail, grouse, partridge or woodcock, for- 
feits five dollars for each bird so taken. But this section 
and the preceding do not apply to the shooting of ducks 
on the sea coast. lb. § 22. 

17. Whoever kills or has in his possession, except 
alive, any birds commonly known as larks, robins, swal- 
lows, sparrows or orioles, or other insectivorous birds, 
crows and hawks excepted, forfeits not less than one dol- 
lar, nor more than five dollars, for each such bird killed. 
and the possession by any person of such dead bird, is 
prima facie evidence that he killed such bird. lb. § 23. 



I 



BURYING-GKOUNDS AND DEAD BODIES. 



271 



CHAPTER LXXXII. 



BUKYING-GROUNDS AND DEAD BODIES. 



1. Towns may purchase lands for bury- 

ing-grounds. 

2. Proceedings to incorporate pro- 

prietors of burying-grounds. 

3. Grounds to be fenced within one 

year. 

4. Towns and parishes to fence ancient 

burying-grounds. 

5. Penalty if officers neglect their duty. 



6. Grounds to be fenced and un- 

alienable and indivisible. 

7. Land for burving-ground, exempt 

from attachment. 

8. Injury to tombs, &c. 

9. Dead bodies not to be attached. 
10. Dead bodies not to be disinterred, 

when. 



1. All towns may raise and assess money necessary for 
purchasing and suitably fencing land for a burying-ground. 
R. S. c. 15, § 1. 

2. Persons twenty-one years of age or more may incor- 
porate themselves for the purpose of purchasing land for 
a burying-ground, as provided in sections one and two of 
chapter fifty-five; and proceed in the manner and have 
the powers provided in section three thereof. lb. § 2. 

3. Such corporation, within one year after its organ- 
ization, shall make a substantial fence around the burying- 
ground, and keep it constantly in re23air, under a penalty 
not exceeding one hundred dollars ; which shall be laid 
out under the direction of the municipal ofl&cers in keep- 
ing the fence in repair. lb. § 3. 

4. Each town, parish, or religious society, to which any 
ancient or public burying-yard belongs, shall keep a sub- 
stantial fence around it in good repair; and by neglecting 
so to do, shall forfeit not exceeding one hundred dollars, 
to be applied as prescribed in the preceding section. lb. 
§4. 

5. If the municipal officers of a town, or the treasurer 
or committee of a parish or religious society, neglect so 
to apply the said fines when recovered under their au- 
thority, they shall each forfeit the amount thereof, to be 
recovered by action of debt by any person suing therefor, 
lb. § 5. 

6. When any persons appropriate a piece of land for 
a burying-ground containing not more than half an acre, 
it shall be exempt from attachment and execution, and 
unalienable and indivisible by the owners without the 



272 MAINE TOWNSMAN. 

consent of all; and be kept fenced and occupied as a 
burying-ground ; and they shall cause a written descrip- 
tion of it, under their hands, attested by two disinterested 
witnesses, to be recorded in the registry of deeds in the 
county or district where it lies, or by the clerk of the 
town where it is situated. lb. § 6. 

7. When an individual appropriates a piece of land for 
a family burying-ground containing not more than one- 
fourth of an acre ; causes a description of it to be 
recorded in the registry of deeds of the same county, or 
by the clerk of the town where it is situated, and incloses 
it with a substantial fence, it shall be exempt from attach- 
ment and execution ; and no subsequent conveyance of it 
shall be vali 1, while any person is interred therein ; but 
it shall remain to him ancl his heirs as a burial-place for- 
ever. Said clerks shall receive_ fifty cents for recording 
such deel. lb. § 7. 

8. Whoever willfully destroys or injures any tomb, 
gravestone, monument, or other thing placed or designed 
as a memorial of the* dead, or any fence, railing, or otlier 
thing placed about or inclosing the burial-place of the 
dead; or willfully injures, removes, or destroys any tree, 
shrub, or plant within such inclosure, shall be punished 
by imprisonment less than one year, or by fine not ex- 
ceeding five hundred dollars. lb. c. 124, § 2S. 

9. If any officer takes the body of any deceased person 
by writ or execution, he shall be punished by fine not 
exceeding five hundred dollars, and by imprisonment not 
more than six months. lb. § 26. 

10. Whoever, without the permission of the board of 
health, municipal officers, or overseers of the poor of any^ 
town therein, willfully digs up or removes any human* 
body or its remains from its place of burial, or aids in so 
doing ; knowingly receives, conceals, or disposes of the 
same, or unnecessarily and indecently exposes, throws 
away, or abandons any human body or its remains in any 
public place, river, stream, or elsewhere, shall be punished 
by imprisonment not less than one nor more than five 
years, or by fine not exceeding three thousand dollars ; 
but any physician, surgeon, or medical student may have 
in his possession or use human bodies, or parts thereof 
lawfully obtained, for anatomical or physiological inves- 
tigation and instruction. lb. § 27. 



UNWHOLESOME PKO VISIONS, ETC. 273 



CHAPTER LXXXIII. 

UNWHOLESOME PROVISIONS AND DRINKS, AND POISONS. 

1. Selling, unwholesome provisions and I 3. Cities may regulate the sale of 

drinks. meat, &c. 

2. Certainpoisons, how sold; penalty, I 

1. Whoever sells any diseased, corrupted, or unwhole- 
some provision for food or drink, knowing it to be such, 
without informing the buyer ; or fraudulently adulterates, 
for the purpose of sale, any substance intended for food, 
or any wine, spirits, or other liquors intended for drink, 
so as to render them injurious to health, shall be punished 
by imprisonment not more than five years, or by fine not 
exceeding one thousand dollars; and whoever knowingly 
sells or ofiers for sale as food any veal killed before the 
calf was four weeks old, without informing the buyer, 
shall be punished by a fine of not more than fifty dollars, 
or by imprisonment not more than thirty days, or both. 
K S. c. 128, § 1. 

2. If any druggist or other person sells any arsenic, 
corrosive sublimate, nux vomica, strychnine, or prussic 
acid, except on the prescription of a physician in regular 
standing in his profession, without labeling each parcel 
sold with the name of the article, and the word "poison" 
legibly written or printed thereon, and recording such sale 
in a book kept for that purpose, open to the inspection of 
all persons, specifying the kind and quantity, when and to 
whom sold ; or if any person for the purpose of killing 
wolves, foxes, dogs, or other animals, and not for the de- 
struction of insects or vermin in a building, leaves of 
deposits any such poisons within two hundred rods of a 
highway, pasture, field, or other improved land, he shall 
be punished by a fine not less than twenty, nor more than 
fifty dollars ; or by imprisonment not less than thirty nor 
more than sixty days. lb. c. 28, § 8. 

3. Any city has power to regulate the sale of fresh meat 
and fish within its limits ; and may ordain and establish 
localities where such articles may be offered for sale. 
They may also annex penalties for any violation of such 
regulations. lb. c. 3, § 59, §§ 11, 12. 

18 



TITLE VIII. 

BEQULATIONS CONCERNING 
PROPERTY. 

Chapter 84. Pounds and impounding beasts. 

Chapter 85. Fences and common fields. 

Chapter 86. Lost goods. 

Chapter 87. Auctioneers and auctions. 

Chapter 88. Pawnbrokers and intelligence offices. 

Chapter 89. Libraries and charitable societies. 

Chapter 90. Hawkers and peddlers. 

Chapter 93. Property exempt from attachment. . 

Chapter 92. Eights of married women. 

Chapter 93. Eights of mechanics and laborers. 

Chapter 94. Adoption of children. 

Chapter 95. Masters, apprentices, and servants. 



CHAPTER LXXXIV. 



POUNDS, AND IMPOUNDING BEASTS. 



1. Each town to keep a pound. 

2. Penalty fir beasts jroing at large. 

3. Penalty for ungelded horses and 

r:r.ii ; uoinij a*" large. 

4. Per ! ^ riiured by beasts may sue. 

5. PouM(l-i: 'epers to be chosen. 

6. Ponnd-keppors to keep book of 

r.'Cord. 

7. To r.^-^tr ii'i beasts impounded. 

8. Impo;r,id?r to furnish certificate. 

9. Pound-!: 'eper not to deliver beasts 

till co-;t^ are paid. 

10. Proceedings if claimant object to 

amount. 

11. Proceeding? when beasts are taken 

up a^ estrays. 

12. Pound-keeper to advertise estrays. 



13. Pound-keeper to advertise for sale, 

when. 

14. Sale to be postponed, when. 

15. Pound-keeper to have an appraisal 

when. 

16. Dispositl of proceeds of sale. 

17. Owner may redeem before sale. 

18. Replevin of beasts impounded. 

19. Rescue and punishment thereof. 

20. Pound breach and punishment 

thereof. 

21. Pound-keeper's fees. 

22. Compensation to impounder. 

23. Expense of keeping beasts im- 

pounded. 

24. Legal decisions. 



1. Each town shall constantly keep and maintain in 
such place as the inhabitants direct, one or more sufficient 
pounds for the reception of beasts liable by law to be 

(274) 



POUNDS, AND IMPOUNDING BEASTS. 275 

impounded ; and for six months' neglect to do so, shall 
forfeit not less than fifty dollars, to be expended by an 
agent appointed by the court to build or maintain such 
pound or pounds. R. S. c. 23, § 1. 

2. The owner of every horse, horse kind, ass, mule, 
swine, or neat beast found at large without a keeper in 
the highways, town ways, or commons of the town, shall 
forfeit seventy-five cents for each, twenty-five cents for 
each goat, and ten cents for each sheep so found ; or the 
beasts may be impounded till such forfeiture, with the 
charges of impounding and keeping them, and all fees, 
are paid by the owner or claimant. lb. § 2. 

3. If such horse is an ungel led male of one year old or 
upwards, his owner shall forfeit a further sum of four dol- 
lars. If any ram or he-goat is found going at large out 
of the owner's inclosure, between the tenth day of August 
and the twentieth day of November, his owner shall for- 
feit a further sum of five dollars. lb. § 3. 

4. Any person injured in his land by sheep, swine, 
horses, .-^sses, mules, goats, or ne: t cattle, in a common or 
general fiel 1, or in a close by itself, may recover his dam- 
ages by d'istraining any of the beasts doing it, and pro- 
ceeding as hereinafter directed, or in an action of trespass 
against the person owning or having the possession of the 
beasts at the time of the damage. But if the beasts were 
lawfully on the adjoining lands, and escaped therefrom in 
consequence of the .neglect of the person suffering the 
damage to maintain his part of the partition fence, their 
owner shall not be liable. lb. § 4. 

5. Each town shall annually choose a pound-keeper for 
each pound therein, who shall be sworn, and before he acts 
give bond with sureties satisfactory to the municipal offi- 
cers, for the faithful discharge of his duties ; and the town 
shall be responsible for all his illegal doings or defaults, to 
the party injured. lb. § 5. 

The form of oath may be as follows : 

You, A. B., having been elected pound-keeper in the 

town of , do swear that you will faithfully discharge 

the duties assigned to you by law. So help you, God. 

6. Each pound-keeper, in a book to be provided at the 
expense of the town, shall record at length all the certifi- 
cates received from persons committing beasts to the 



276 MAINE TOWNSMAN. 

pound, or finding stray beasts, and a single copy of all 
advertisements by him posted or published ; and shall note 
therein when a beast was impounded, and when and by 
whom taken away, and all his proceedings in the impound- 
ing and sale, the price for which said beast was sold, the 
name of the purchaser, and the disposal of the proceeds 
of sale ; and a copy of said record duly attested by him 
or his successor shall be evidence for the purchaser of his 
title to said beast, and of the truth of all the facts thus 
recorded; and for milking such record, and for each copy 
thereof, the pound-keeper shall be entitled to twenty-five 
cents; and said book shall be delivered to his successor in 
ofiice, and shall be open to inspection of all persons inter-, 
ested therein. lb. § 6. 

7. The pound-keeper shall restrain the beasts im- 
pounded in the town pound or such other place, after the 
first day, as is more for their comfort or their safety, and 
for giving them food and drink; which shall be furnished 
by him at the exj)ense of the impounder. Unless pay- 
ment is made in advance, or sufiicient security therefor 
tendered, he need not receive such beasts into pound. lb. 
§7. 

8. Before the pound-keeper shall receive any beast into 
pound, the impounder shall furnish him with a certificate 
under his hand, briefly describing the beast, the cause of 
impounding, the amount of damages or forfeiture claimed, 
and charges of impounding then accrued, of the following 
purport : (lb. § 8.) 

To the jDound-keeper of . 

The undersigned, A. B., of B., herewith commits to 
pound [a horse or cow, as the case inaij he, with a short 
description of the heast\ taken up \ia the highioaij or in- 
closure of said A. B., in B., as the case may he\ and the 
said A. B. demands dollars and cents, for {dam- 
ages or forfeiture, as the case may he\ and the unpaid 
charges for impounding the same. 

Witness my hand, A. B., of B., \_date'] 18 — . 

9. The pound-keeper shall not be hable to any action 
for receiving or detaining any beast so committed, till the 
sums claimed by such certificate, and all other due ex- 
penses, costs, and fees, are paid to him, except as provided 
in the next section. lb. § 9. 



POUNDS, AND IMPOUNDING BEASTS. 277 

10. If the claimant of such beast objects to the amount 
stated as damages, or if no claimant appears, the pound- 
keeper shall within ten days, and not afterwards, issue a 
waiTant under his hand to two disinterested persons of 
said county to the following purport : 

P., ss. To E. F. and G. H., two disinterested persons 
of said county : greeting. 

You are hereby appointed to view and estimate, upon 
oath, according to your best judgment, the damages done 
to A. B. by the [Aorse or oxen as the case may 5e], owned 
or claimed by [ C. D.^ or by owner unknown^ and make 
due return to me within twenty-four hours, with your 
doings therein; first giving the said A. B. reasonable 
notice of the time when you will view the place where 
the damages were done. 

Given under our hands this da^/ of , 18 — . 

O. P., Pound-keeper, 

Return of the appraisers. 

Pursuant to this warrant, the undersigned, being first 
sworn to the faithful performance of the trust to which we 
were appointed, and having given said A. B. reasonable 
notice as required, do hereby certify that we have viewed, 

and do estimate said damages at dollars and 

cents, and no more. 

E. F. 



B. [date'] 18—. 



p TT 5- Appraisers. 



And said persons, being first sworn, shall give reason- 
able notice to the impounder, and the owner of such beast, 
if known and resident in the town, of the time appointed 
for the view, and proceed to estimate damages accord- 
ingly; and make return to the pound-keeper of their 
doings ; in writing under their hands. The oath may be 
administered by said pound-keeper, or a justice of the 
peace, and must be certified on the warrant. lb. § 10. 

Oath of the appraisers. 

You solemnly swear that you will faithfully estimate 
the damages done to A. B., by the horse [or oxen'] of said 
C D., according to your best judgment. So help you, God. 
24 



278 MAINE TOWNSMAN. 

The form of notice by appraisers may be as follows : 

You are hereby notified that the subscribers have been 
duly appointed appraisers to estimate the damages done to 

A. B., by a horse of C. D., of , and will attend at , 

on the day of , instant, at nine o'clock in the 

forenoon, for the purpose of estimating said damage. 

11. Whoever takes up, as an estray, in any public way 
or commons, or in his inclosure or possession, any such 
beast, shall within ten days, if no owner calls for him, 
commit him, with a certificate as described in section nine, 
to the pound-keeper of his town, who shall carefully keep 
him till called for by the owner, and all due charges paid, or 
he is disposed of as hereinafter provided; and whoever 
does not so commit such beast shall lose the expense of 
his keejjing, and forfeit one per cent on his value for each 
week, after the ten days, until he so commits him, or the 
forfeiture amounts to his value. lb. § 11. 

12. When a pound-keeper has so received any beast, he 
shall forthwith j^ost and keep posted for three days at his 
dwelling-house, and in two other public places in his 
town, advertisements by him signed, stating the name of 
the impounder or finder, the time and cause of impound- 
ing, and a brief description of the beast, and notify the own- 
er to pay lawful damages and charges, and take the beast 
away; and shall give t lie like public notice by the town 
crier, if any in the town. If the value of the beast exceeds 
ten dollars, a copy of such advertisement shall be inserted 
in some newspaper, if any, printed in the county. lb. § 12. 

13. When a beist is lawfully impounded as aforesaid, if 
the forfeiture, damxges, and costs are not paid, or the boast 
replevied, in ten days after the notice, provided in the 
preceding section, is given, the pound-keeper shall, with- 
out any other proc3ss, sell the beast at public auction, 
ater having posted up in two public places in his town, at 
least forty-eight hours before the time of sale, notices of 
the time, and place, and cause of sale, with a brief descrip- 
tion of the beast ; and for posting such notices and making 
such sale, he shall have the same fees as constables for 
similar services. lb. § 13. 

14. If the pound-keeper is informed, or has reason to 
believe, that the beast impounded has strayed from a 
drove, or does not belong to an inhabitant of the town, 



POUNDS, AND IMPOUNDING BEASTS. 279 

he shall adjourn the sale thirty days, and shall publish 
notice thereof in such papers as in his opinion may give 
information to the owner, and he shall be allowed a reason- 
able sum therefor ; and the proceeds of such sale shall be 
dis])osed of as hereinafter provided. lb. § 14. 

15. The pound-keeper, before making such sale, shall 
cause the damages, if any are claimed, to be appraised as 
in section eleven, within ten days after giving the notice 
required by section thirteen. lb. § 15. 

16. The pound-keeper shall retain his lawful charges 
and fees, and pay to others their lawful dues, and the bal- 
ance to the treasurer of his county in thirty days. Such 
tre.isurer or his successor sh:dl pay it over at any time 
within six years, on the written request of any person 
who proves that he was the owner of the property at 
the time of sale; and if he refuses to do so, the claimant 
may appeal to the county commissioners, whose decision 
thereon shall be final. If such balance is not claimed in 
six years, it shall belong to the county. lb. § 16. 

17. The owner of such beast, at any stage of the pro- 
ceedings before sale, may redeem it on payment of all 
lawful claims thereon up to the time of his demand to 
redeem. lb. § 17. 

18. An action to replevy such beasts shall be brought 
against the impounder or finder, and not against the pound- 
keeper. If such action is brought after notice of sale and 
before sale, the sale shall be postponed till it is decided, 
and no such action can be sustained, unless the writ is 
served before sale. lb. § 18. 

19. Whoever, in order to prevent the impounding of 
any beast lawfully in possession of another, and taken for 
the causes herein mentioned, rescues him, or directly or 
indirectly causes his escape, shall forfeit not less than five 
nor more than twenty dollars, and be liable to the party 
injured for the full damages, with charges and costs, which 
he might receive by impounding the beast. lb. § 19. 

20. Whoever breaks a pound, or otherwise directly or 
indirectly delivers a beast from the place of his lawful 
restraint, shall forfeit to the use of the town not less than 
ten nor more than fifty dollars ; and be liable to the party 
injured or impounder for double the damage or forfeiture, 
which he might have received by impounding the beast ; 
and when such acts are committed by a minor, or an 
apprentice, legally bound by deed, such action may be 



280 MAINE TOWNSMAN. 

brought against the minor or apprentice, or against his 
parent or guardian, under whose care he then was. lb. § 20. 

21. The pound-keeper's fees shall be twenty-five cents 
for impounding one or more beasts at one time; twelve 
cents for recording each certificate or advertisement; and 
the same for posting or publishing each advertisement, 
with four cents a mite for necessary travel. lb. § 23. 

22. The party impounding shall have a reasonable sum, 
to be determined by the pound-keeper. lb. § 24. 

23. The price for keeping and feeding which the pound- 
keeper shall receive, shall be prescribed by the municipal 
oificers and recorded. lb. § 25. 

24. Legal Decisions. 

If one take cattle from the lawful custody of a field- 
driver, this is a rescue, although they are finally im- 
pounded. 17 Mass. 342. 

Upon an indictment for poimd breach, the illeg^ality of 
the distress cannot be shown in the defense. 5 Pick. 414. 

If any man finds stray cattle in his field, he is not bound 
to impound them, but may drive them off into the high- 
way. 18 lb. 237. 

Swine unlawfiillv at large upon the highways cannot 
be impounded on Sunday. 4 N. H. 153. 

A vote of the town to restrain cattle going at large 
within the limits of the town, is binding on persons not 
inhabitants, whose cattle are found going at large. A 
turnpike is a highway, within the meaning of the statute. 
4 Pick. 258. 

The owner of a close is not oblig^ed to fence but as^ainst 
cattle lawfully in the adjoining ground; and if all his 
fence be insufficient, yet if cattle do not escape, through 
the insufficient fence, but are turned in, he may lawfully 
impound them for doing damage. 4 Mass. 471. 

No actian can be maintained by the owner of a field 
against the owner of cattle rightfully on an adjoining 
close, and straying therefrom through an insufficient fence 
upon the field, unless the fence has been divided, and the 
owner of such cattle is bound thereby to keep the fence 
in repair; nor can the cattle be lawfully impounded for 
that cause. The person taking and impounding cattle 
without cause, is liable to an action therefor. 14 Maine, 
419. 

It is the duty of a party impounding cattle, to feed and 



FENCES AND COMMON FIELDS. 



281 



water them as often as is required according to the usage 
of the country and good husbandry. 13 Pick. 384. 

A private individual who impounds a beast taken doing 
damage in a town pound, is not hable for the injury such 
beast may receive from cattle in the same pound. 9 
Pick. 14. 

Sheep found doing damage to the land of any person 
are liable to be impounded by him, as a remedy to recover 
for such damage. That remedy, however, does not ac- 
crue, if the sheep, being rightly upon the adjoining land, 
escaped therefrom through a defect in that distinct part 
of the division fence, which the person suffering the dam- 
age was bound to maintain. 35 Maine, 26, 



CHAPTER LXXXV 



FENCES AND COMMON FIELDS, 



10. 



What are legal fences. 

To be maintained by adjoining oc- 
cupants. 

If either neglect, proceedings of 
fence viewers. 

Complainant may recover double. 

Division of partition fences. 

Each party bound to build his part. 

To be kept in repair. 

Fences may vary from the divid- 
ing line. 

Assignment of parts before fence 
is built. 

Occupant ceasing to improve, not 
to remove his fence. 

Liability of owner beginning to 
improve land in common. 

If fence be on town line, how 
divided. 

Division of fences, when binding. 

Provisions not applicable to house- 
lots. 

Lots inclosed by a general fence. 

Meetings of proprietors. 

How notice is to be given. 

How they may vote. 

May raise and assess money. 

Choice of officers. 

Clerk to issue warrant to collect 
taxes. 



34 



Apportionment of the general 
fence, 

. Proprietors who do not occupy. 

. Apportionment of expenses accord- 
ing to interest. 

. Repairing fences of delinquents. 

. Delinquent liable. 

. Proceedings if any part be sud- 
denly dvistroyed. 

. Field drivers. 

. No proprietor to put in stock con- 
trary to regulations. 

. Remedy if a proprietor be injured 
by beasts of a stranger. 

. Lines between proprietors to be 
run once in two years. 

. Associations may be discontinued. 

. Waste portions of lots excluded 
from estimates and assessments. 

. Proceedings on application of three 
or more to be set off. 

. Proceedings for organizing to in- 
close a common field. 

. After establishment of a common 
field, proprietors to proceed as 
provided in this chapter. 

, Penalty if fence viewers neglect 
their duty. 

, Fees for services ; penalty for neg- 
lect of payment. 

, Legal decisions. 



1 . All fences, four feet high and in good repair, consisting 
of rails, timber, boards, stone-walls,iron or wire,and brooks, 
rivers,ponds, creeks, ditches, and hedges, and other things, 



282 MAINE TOWNSMAN. 

which in the judgment of the fence viewers having juris- 
diction thereof, are equivalent thereto, shall be accounted 
legal and sufficient fences; provided^ however^ that no 
barbed wire fence built since April fifteen, eighteen hun- 
dred and eighty-three, shall be accounted legal and suffi- 
cient, unless it is protected by an upper rail or board of 
wood. R. S. c. 22, § 1. 

2. The occupants of lands inclosed with fences shall 
maintain partition fences between their own and the ad- 
joining inclosures, in equal shares, while both parties con- 
tinue to improve them. lb. § 2. 

3. If any party neglects or refuses to rep^r or build 
any such fence, which he ought to maintain, the aggrieved 
party may complain to two or more fence viewers of the 
town where the Ian 1 is situated, who, after due notice to 
such party, shall proceed to survey it, and if they deter- 
mine that it is insufficient, they shall signify it in writing 
to the delinquent occupant, and direct him to repair or 
rebuild it within such time as they shall judge reasonable, 
not exceeding thirty days. If the fence is not repaired 
or rebuilt accordingly, the complainant may make or re- 
pair it. lb. § 3. 

The form of such complaint may be, in substance, as 
follows : 



To A. B. and C. D., fence viewers of the town of , in 

the county of . 

Complains E F., of snid , that G, H., tlie occupant of a 

tract of land adjoining that improved by your complainant, has 
failed to build and repair that part of the fence between our 
respective adjoinincr inclosures which of riijht he ought to main- 
tain, which portion of fence, heretofore divided between us, be- 
gins and ends at . Wherefore your complainant 

prays thnt you would, after notice, proceed to survey the same, 
and further to do what justice and law require. 

Dated at , this day of , 18—. E. F. 

The form of notice to repair, after survey, by the fence 
viewers, may be as follows : 

To G. H., of , in the county of . 

Whereas complaint has been made to us, the subscribers, 

fence viewers of the town of , in said county, on the 

^ by E. F., of said ^ to survey the fence between 

the land of E. F. and yourself, situate in said , begin- 
ning at and ending at ^ which has been here- 
tofore divided between you; upon which complaint 



FENCES AND COMMON FIELDS. 283 

we appointed the day of ^ at o'clock 

A. M., at the ^ as the time and place of hearing, and 

caused you to be duly notified thereof; and having at- 
tended and examined said fence, and heard the parties 
and their evidence, we determine that the part of said 

fence, beginning at and ending at , which you 

are bound to keep in repair, is insufficient ; and direct you 
to cause the same to be put in good rej^air within thirty 
days from the date hereof 

Given under our hands, this day of , a. d. 18 — . 

J * jy|-' >- Fence Viewers of . 

4. When the complainant has completed such fence, 
and after notice given it has been adjudged sufficient by 
two or more of the fence viewers, and the value thereof, 
with the fence- viewers' fees, certified under their hands, 
he may demand of the occupant or owner of the land, 
where the fence was deficient, double the value and fees 
thus ascertained ; and in case of neglect or refusal to pay 
the same for one month after demand, he may recover the 
same, with interest at the rate of one per cent a month, 
lb. § 4. 

5. When the occupants or owners of adjacent lands 
disagree respecting their rights in partition fences an 1 their 
obligation to maintain them, o:i application of either 
party, two or more fence viewers of the town Aviiere the 
lands lie, after reasonable notice to each party, maj" in 
writing under their hands assign to each his share thereof, 
and limit the time in which each shall build or rej^air his 
part of the fence, not exceeding thirty days. lb. § 5. 

The form of such notice may be as follows : 

To Mr. , of the town of . Whereas has 

made application to us, fence viewers of the town of , 

staling that a disagreement has arisen between him and 

you respecting your rights in and your obligations to 

maintain a partition fence between your land and the land 

of said ; we therefore notify you that we shall be at 

, on the day of , at o'clock, to assign 

to each party his share of said fence, at which time and 

place you will attend. 

Dated at , 18 — . 

XT r^ ^ 

Fence Viewers, 



P.Q.f 



284 MAINE TOWNSMAN". 

The form of such assignment may be as follows : 

Whereas a disagreement has arisen between A. B., of 
-, and C. D., of , respecting their rights in a par- 



tition fence and obligations to maintain the same ; and 
whereas we, the subscribers, fence viewers of the town of 
, upon application to us by said , have given rea- 
sonable notice to each party to attend at the time and 
place when and where the assignment should be made ; 
wherefore, having viewed the premises, we do hereby as- 
sign to each of said parties his share of said fence, to wit : 

The said shall , &c. 

Given under our hands, this day of , 18 — . 

m* -rj' [• Fence Viewers. 

6. If any party refuses or neglects to build and main- 
tain the part thus assigned him, it may be done by the 
aggrieved party; and he shall be entitled to the double 
vahie and expenses ascertained. lb. § 6. 

7. All division fences shall be kept in good repair 
throughout the year, unless the occupiers of adjacent lands 
otherwise agree. lb. § 7. 

8. When from natural impediments, in the opinion of the 
fence viewers having jurisdiction of the case, it is imprac- 
ticable or unreasonably expensive to build a fence on the 
true line between the adjacent lands, and the occupants 
disagree respecting its position, on application of either 
party as provided in section five, and after notice to both 
parties, and a view of the premises, they may determine, 
by a certificate under their hands communicated to each 
pcarty, on which side of the true line, and at what dis- 
tance, or whether partly on one side, and partly on the 
other, and at what distances the fence shall be built and 
maintained, and in what proportions by each party; and 
either party may have the same remedy against the other 
as if the fence was on the true line. lb. § 8. 

9. When adjacent lands have been occupied in common 
without a partition fence, and either party desires to oc- 
cupy his in severalty, or when it is necessary to make a 
fence running into the water, and the parties liable to 
build and maintain it disagree, either party may have the 
hue divided on application to the fence viewers of the 
town; who shall proceed as is provided in section five, ex- 



FENCES AND COMMON FIELDS. 285 

cept that the fence viewers may allow a longer time than 
thirty days for building the fence, if they think proper, 
having regard to the season of the year. In other re- 
spects the remedy for the aggrieved party shall be the 
same as there provided. lb. § 9. 

10. When one party ceases to improve his land, or lays 
open his inclosure, he shall not take away any part of his 
partition fence adjoining the next inclosure improved, if 
the owner or occupant thereof will pay therefor what two 
or more fence-viewers, on due notice to both parties, de- 
termine to be its reasonable value. lb. § 10. 

The form of an appraisement of the value of such par- 
tition fence may be as follows : 

We, the subscribers, fence viewers of the town of ■ 



at the request of , to appraise his part of a partition 

fence, on land adjoining the inclosure of , which he 

has ceased to improve, have given due notice to both par- 
ties, and do determine the reasonable value thereof to 

be . 

Dated the day of , 18 — . 

V W > 

■jt' y f Fence Viewers. 

11. When any land, which has been uninclosed, is after- 
wards inclosed, or used for pasturing, its occupant or 
owner shall pay for one-half of each partition fence on the 
line between his land and the inclosure of any other oc- 
cupant or owner, and its value shall be ascertained in 
writing, if the parties do not agree, by two or more of 
the fence viewers of the town where the fence stands ; 
and after the value is so ascertained, on notice to such oc- 
cupant or owner, if he neglects or refuses for thirty days, 
after demand, to pay it, the proprietor of the fence may 
have an action for such value and the costs of ascertain- 
ing it. lb. § 11. 

12. If the line on which the partition fence is to be 
made or to be divided is the boundary between two or 
more towns, or partly in one town, and partly in another, 
a fence viewer shall be taken from each town. lb. § 12. 

13. When a fence between the owners of improved 
lands is divided either by fence viewers, or by the written 
agreement of the parties recorded in the town clerk's 
office where the land lies, the owners shall erect and sup- 



286 MAINE TOWNSMAN. 

port it accordingly ; but if any person lays Ms lands com- 
mon, and determines not to improve any ]3art of them 
adjoining such fence, and gives six months notice to all 
occupants of adjoining lands, he shall not be required to 
maintain such fence while his lands so lie common and 
unimproved. lb. § 13. 

14. N"othing herein extends to house-lots, the contents 
of which do not exceel half an acre ; but if the OAvner of 
such lot improves it, the owner of the adjacent land shall 
make and maintain one-half of the fence between them, 
whether he improves it or not ; nor shall the provisions of 
this chapter make void any written agreement respecting 
public fences. lb. § 14. 

15. When several lots or pieces of land are inclosed 
and fenced in one common field, or when all the proprie- 
tors of such lands agree to inclose them in that manner, 
said proprietors may hold regular meetings when they 
judge proper, make such rules for managing their common 
concerns, and adopt such equitable modes of improvement 
as their common interest requires ; but in all other respects 
each proprietor may, at his own expense, inclose, manage, 
and improve his own land as he thinks best, maintaining 
his proportion of fence inclosing the general field. lb. 
§15. 

16. Upon the application of any two or more proprie- 
tors to any justice of the peace for the county where such 
land lies, he shall issue his warrant to one of the appli- 
cants, or to the clerk of the proprietors, requiring him to 
call a meeting of the proprietors, and expressing in the 
warrant the time, place, and purpose ihereof lb. § 16. 

17. N"otice of the meeting shall be served at least four- 
teen days previous to the time appointed, when all the 
proprietors reside in the town where the land lies, by read- 
ing the warrant to each proprietor, or giving him a copy 

' in hand, or by leaving it at his usual place of abode, if the 
proprietors have not been previously organized for the 
aforesaid purpose, or if no other mode of notice has been 
fixed by their standing rules ; and in such case if one or 
more of the proprietors reside without the town or planta- 
tion, notice shall be given ta them by publishing a copy 
of said warrant in some newspaper, printed in the county, 
or in the State paper, three weeks successively, the last 
publication to be at least fourteen days before the time 
appointed. When the standing rules of the proprietors 



FENCES AND COMMON FIELDS. 287 

determine the mode of serving notices for their meetings, 
it may be observed in the service of said warrant, at the 
election of the party serving it. lb. § 17. 

18. At all meetings of the proprietors, each may vote 
according to the relative amount or value of his interest, 
if known ; if not, they shall all vote equally, and absent 
proprietors may vote by written proxy. lb. § 18. 

19. They may raise money from time to time for de- 
fraying their common charges and for managing their 
affairs, which shall be assessed upon the several proprie- 
tors, in proportion to their interests, by their assessors ; 
and any person aggrieved by such assessment may apply to 
the county commissioners, who may abate his part of it in 
whole or in part, if they see cause. lb. § 19. 

20. They may, at their annual or other meeting, duly 
notified, choose a clerk, three or five assessors, a collector, 
and such other officers as they shall find necessary, to con- 
tinue in office until removed by them, or others are chosen 
and qualified in their stead. The clerk and assessors shall 
be sworn. lb. § 20. 

21. Such clerk shall issue his warrant to the collector 
requiring him to collect all money so assessed, and to pay 
it over to the clerk or other proper officer, according to 
the orders of the proprietors ; and the collectors shall 
collect it as collectors of towns are authorized to collect 
town taxes. lb. § 21. 

22. The whole fence inclosing such general field, as 
far as convenient, shall be apportioned amongst the pro- 
prietors according to the number of acres held and culti- 
vated or otherwise used by each; and the part to be 
maintained by each shall be set out ^and assigned to him 
by any two or more fence viewers of the town, unless they 
agree on an apportionment of the fence among themselves. 
The proportion of fence so assigned to each shall be re- 
corded by the clerk in the books of the proprietors ; and 
if there is no such clerk, by the clerk of the town on the 
town records. lb. § 22. 

23. If any proprietor of land in such general field de- 
clines to cultivate his land, or to use it for pasturing, and 
gives written notice of his intention to the clerk of the 
proprietors, he shall not be required to maintain any part 
of the fence, nor to pay any tax or assessment on account 
of his land while he neglects to cultivate or use it as afore- 
said, lb. §23. 



288 MAINE TOWNSMAN. 

24. The expense of apportioning the fence, and of mak- 
ing and maintaining such part thereof as cannot conven- 
iently and justly be assigned to any one proprietor, shall 
be borne by all the proprietors, to be taxed in proportion 
to their interests, and the part assigned to each shall be 
made and maintained by him while he uses his part of the 
general field for pasturing, planting, mowing, or other- 
wise, lb. § 24. 

25. If any part of the fence assigned to a proprietor be- 
come deficient, and he does not repair it within three days 
after notice of such deficiency given him or his tenant by 
a fence viewer of the town, it may be repaired by any 
proprietor ; and such repairs may be examined by any two 
or more fence viewers, and if adjudged by them, after 
notice, to be sufficient, they shall ascertain their cost, and 
make a statement thereof, and of the amount of their fees, 
in writing under their hands. lb. § 25. 

26. The person making such repairs may demand of 
the deficient proprietor, or of his tenant, double the costs 
of such repairs and the fees thus ascertained ; and if they 
are not paid within one month after notice and demand 
thereof, he may recover them in an action on the case, 
lb. § 26. 

27. If part of the fence is suddenly blown down, or car- 
ried away by a flood or tempest, when the crops in the 
field are thereby exposed to immediate destruction or 
injury, the proprietor to whom it was assigned shall re- 
pair it within twenty-four hours after notice thereof given 
him by a fence viewer. If he fills to do so, it may be re- 
paired by any other proprietor; ahd he may recover 
double the costs thereof, and fees, as provided in the pre- 
ceding section. The fence viewers may allow a longer 
time than twenty-four hours, if they think proper. lb. § 
27. 

28. The proprietors may choose one or more field 
drivers, who shall have and exercise the same powers with 
respect to the general fields as are exercised by field 
drivers chosen by a town. lb. § 28. 

29. If a proprietor puts into the general field any 
horses, cattle, or other beasts, contrary to the regulations 
of the proprietors, either by putting in more than the 
number allotted him, or before the day fixed for that pur- 
pose, or by keeping them therein longer than the time 
limited, he shall be considered a trespasser; and his 



FENCES AND COMMON #tELDS. 289 

beasts may be impounded, as taken doing damage, as if 
he owned no land in the general field. lb. § 29. 

30. If any proprietor is injured in his lands by the 
beasts of a stranger, he shall have the same remedy 
therefor as if his land had been inclosed and used sepa- 
rately. When damage happens to a proprietor through 
the insufficiency of a fence of a co-proprietor, be or the 
occupant of his land shall be liable to pay it. lb. § 30. 

31. Every proprietor of land lying unfeneed in a 
general field shall, once in every two years, if requested 
by the owner of the adjoining land, run lines with him 
between their lots, and establish boundaries by sufficient 
mete stones, at their joint expense; and if he fails so to 
do, after at least six days notice, he shall forfeit two 
dollars. lb, § 31. 

32- A major part in interest in any common or general 
field, at any legal meeting called for the purpose, may 
discontinue their association ; not to take effect until six 
months after the vote for that puq^ose, unless all the 
proprietor consent to an earlier periocL lb. § 32. 

33- Portions of common fields inclosed under the pro- 
visions hereof, which are unoccupied and unimproved by 
their owners on account of their being rocky or barren, 
shall be excluded in all estimates for assessments under 
section nineteen, or for apportionments of fence under 
section twenty-two. lb. § 34. 

34. Any three or more proprietors of lots within one 
general fence or inelosure, by a petition in writing to the 
proprietors of such field at any meeting thereof, legally 
warned for that purpose, may request to have their lots, 
either adone or jointly with any other lots in said field, 
divided from the remainder, to be inclosed in one common 
fence, and occupied by them as an entire field separately 
from the other proprietors of the general field ; and, if 
the majority of proprietors in interest present at such 
meeting refuse their assent to such division, the county 
commissioners may, upon the like application, appoint 
three or five disinterested and suitable persons within the 
county where such general field is situated to make such 
division thereof if they deem it expedient, and to assign 
to each field its proportion of the partition fence which 
shall become necessary by reason of such division, to be 
kept up and maintained by each proprietor of said general 
field; and such persons shall^ as soon as may be after 



290 ^MAINE TOWNSMAN. 

their appointment, make retm-n of their doings under 
their hands to such commissioners ; and, after the accept- 
ance thereof by them, the fields so divided shall be deemed 
separate general fields, and the proprietors of the field so 
set oif and the remaining proprietors of the original shall 
be distinct and separate proprietary bodies, having all 
the like powers and privileges, and subject to all the 
duties and liabilities, as the proprietors of the original 
general field before such division was made ; but no order 
for such division shall be made, nor any committee ap- 
pointed as aforesaid until the other proprietors have had 
notice of the petition for such division, Avhich shall be 
given by serving the clerk of the proprietors with a copy 
of the petition thirty days at least before such order or 
appointment is made. lb. § 35. 

35. When the mnjor part in interest of the proprietors 
of any tract of land consisting of five or more allotments 
are desirous of inclosing them in one general field, they 
may apply to the supreme judicial court in the county 
where such land lies, and, when such hind lies in different 
counties, then to such court to be holden in either; and 
the court may order such notice to all parties interested 
as they deem reasonable, and, after hearing the parties 
appearing, may order the land to be so inclosed. lb. § 36. 

36. After a common or general field is so established 
by order of court, the further proceedings in relation 
thereto shall be the same as are provided when a field is 
so inclosed by the consent of all the proprietors. lb. § 
37. 

37. Any fence viewer who, when requested, unreason- 
ably neglects to view any fence, or to perform any other 
duties required of him, sh ill forfeit three dollars to any 
person suing therefor within forty days after such neglect. 
He shall also be liable for all damages to the jDarty injured, 
lb. §38. 

33. Each fence-viewer shall be paid by the person 
employing him at the rate of two dollars a day for the 
time he is so employed. If the party liable neglects to 
pay the same for thirty days after demand, each of such 
dfence viewers may recover double the amount in an action 
on the case, and be mutually witnesses for or against each 
other. lb. § 39. 



FENCES AND COMMON FIELDS. 291 

29. Legal Decisions. 

In relation to partition fences, tlie power of the fence 
viewers extends only to the assignment of the respective 
portions of the dividing line, and to the fixing of the 
time within which to build the fence. Further orders 
and adjudications, being unauthorized by statute, are of 
no effect. Thus an order (however equitable under the 
circumstances) that one of the adjoining owners should 
build a fence upon a portion of the line assigned to the 
othei\ and exonerating the latter from building upon such 
portion, creates no obligation upon the former, nor re- 
lieves the latter from the duty imposed by statute, to 
build the fence upon that portion of the line. 34 Maine, 
832. 

The respective occupiers of two closes adjoining are 
bound each to make and maintain half the partition fence; 
but neither party need make or maintain any part of it 
unless the fence, or the line on which it is to be made, 
has been divided by a written agreement between the 
parties, or assigned, pursuant to the statute, or by pre- 
scription. 6 Mass. 90. 

The liability of the owner or occupant of land which 
has Iain uninclosed, on inclosing or depasturing the same, 
to pay for one-half of a partition fence, attaches imme- 
diately upon such inclosing or depasturing. 1 Cush. 11. 

The right of an owner who has erected a partition 
fence to recover the value of one-half thereof against the 
owner of adjoining land is complete by the commence- 
ment of proceedings to have the value of such half ascer- 
tained by fence viewers, and cannot be defeated by a sale 
of the land, and a notice by the purchaser that he does 
not intend to occupy, or improve, or inclose it, subsequent 
to the application to the fence-viewers, and notice of such 
application by them to the original owner, though pre- 
vious to any further proceeding by them. 1 Cush. 11. 

A partition fence on land that is covered a part of the 
year with the waters of an artificial mill-pond, but is occu- 
pied and used as pasture or mowing land during another 
part of the year, is not a water fence. Lamb v. Hicks, 11 
Met. 496. 

If a part of a division fence be assigned to one to keep 
in repair, it is his property so far, at least, that the re* 
moval of it for lawful purposes cannot make him a tres- 
passer. 11 Mass. 294. 



292 



MAINE TOWNSMAN. 



CHAPTER LXXXVI 



LOST GOOBS. 



1. Finder of lost goods. 

2. Same subject. 

3. "Warrant to appraise. 

4. Appraisal, 



5. If the owner appears, what. 

6. If no owner appears. 

7. If finder neglects his duty, penalty. 



1. The finder of money or goods of the value of three 
dollars or more, if the owner is unknown, within ten days 
next following, shall give notice thereof in writing to the 
clerk of the town where they are found, post up a notifi- 
cation thereof in some public place in said town, and 
cause it to be publicly cried therein on three several days, 
if there is any public crier in said town. And if the 
value of said money or goods is ten dollars or more, the 
same shall be cried, and notice given by posting as afore- 
said in two towns adjoining, in addition. R. S. c. 98, § 10. 

2. Every finder of lost goods of the value of ten dollars 
or more, w^ithin two months after finding, and before using 
them to their disadvantage, shall procure a warrant from 
the town clerk or a justice of the peace, directed to two 
j^ersons appointed by said clerk or justice, nat interested, 
except as inhabitants of the town, returnable within seven 
days from the date in said clerk's office, to appraise said 
goods imder oath. lb. § 11. 

8. The form of warrant to appraise lost goods, may be 
as follows : 



[Sefil.] ss. To A. B. and C. D., of , greeting. 

Upon the application of E. F., of , to me, G. H., 

town clerk of said , you are hereby apjDointed to ap- 

l^raise, upon oath, at the true value thereof in money, 
according to your best judgment [^here describe the goods 

or wo^iey], found by the said E. F., at ; and to make 

due return of your doings, with this warrant, into tlic 

town clerk's office, in said , within seven days from 

the date hereof. 

Given under my hand and seal, this day of , 

A. D. 18—. G. H., Town Clerk. 



LOST GOODS, 293 

ss. Then the above-named A. B. and C. D. made 

oath that they would faithfully perform the service re- 
quii-ed by the above warrant. Before me, 

I. J., Justice of the Peace. 

4. The form of the appraisal to be made on the warrant, 
may be as follows : 

The subscribers, appointed appraisers by the within 
warrant, have carefully examined the property set forth 

therein, and do upon oath appraise the value to be 

dollars cents, and no more. 

Dated at , aforesaid, the day of ^ a. d. 18 — . 

p * yx* >■ Appraisers. 

5. If the owner of such lost money or goods appears 
within one year after said notice to the clerk, and gives 
reasonable evidence of his ownership to the finder, he shall 
have restitution of them or their value, paying all neces- 
sary charges and reasonable compensation to the finder, 
to be adjudged by a justice of the peace of the county, 
if the owner and finder cannot agree. R. S. c. 98, § 12. 

6. If no owner appears within one year, such money or 
lost goods shall belong to the finder, by paying one-half 
their value to the treasurer of said town, after deducting 
all necessary charges. lb. § 13. 

7. If the finder of lost money or goods, of the value of 
three dollars or more,, neglects to give notice to the town 
clerk and cause them to be cried and advertised as herein 
provided, he shall forfeit the full value thereof, one-half 
to the use of the town, and the other half to him who 
sues therefor, and be liable to the owner for the lost money 
or goods. lb. § 14. 



MAINE TOWNSMAN. 



CHAPTER LXXXVII. 



AUCTIONS AND AUCTIONEERS. 



1. Municipal officers to license auction- 

eers and keep a record thereof. 

2. Appeal to county commissiouei-s in 

case of refu:5al. 

3. Auctioneers to keep particular ac- 

count of all goods sold, and pay 
to the town a per cent on goods 
voluntarily sold for benefit of non- 
residents, under penalty. 

4. Penalty for allowing any one, not a 

legal voter in the town, to act 
under him in sales. 

5. Penalty for knowingly receiving 

goods of minors or servants, and 
for selling before sunrise and after 
sunset. 



6. Real estate lying in two towns may 

be sold by auctioneer of either. 
Penalty for selling beyond or 
without a license. 

7. Penalty for knowingly permitting 

any person to sell goods, contrary 
to law, in any building or appur- 
tenances. 

8. Exceptions as to sales by sheriffs 

and other officers. 

9. Fines, how recovered and appro- 

priated, and duty of sheriffs and 
other officers to prosecute there- 
for. 



1. The municipal officers of any town may license any 
legal voter thereof by a writing under their hands, to be auc- 
tioneer for one year in every town in their county, and shall 
record every such license in a book kept by them for that 
purpose. Persons so licensed may be exempted from any 
liability to deduct two and one-half per cent from the 
gross amount of sales as provided in section three. They 
must pay two dollars for the license. R. S. c. 34, § 1. 

2. If such officers, after written application to them for 
a license, unreasonably refuse or neglect to grant it, the 
applicant, by giving them ten days notice and a bond to 
pay all costs arising thereafter, may appeal to the county 
commissioners, who, after a hearing of the parties, may 
grant the license if they judge it reasonable. lb. § 2. 

3. Every person licensed shall keep a fair and particu- 
lar account of all goods and chattels by him sold, stating 
of whom received, and the price for which the same were 
sold ; and unless otherwise authorized, if said goods are 
sold voluntarily for the benefit of parties residing out of 
the State, he shall deduct two and a half per cent from 
the gross amount of the sales for the use of the town, 
where the sale is made, and pay the same to the treasurer 
thereof within ten days after the sale; and in default 
thereof, he shall be liable to a fine of not less than fifty, 



AUCTIONS AND AUCTIONEERS. 295 

nor more than three hundred dollars, and forfeit his license. 
lb. § 3 . 

4. !N'o auctioneer shall allow any person, not a legal 
voter in the town, from which he received his license, to 
act for or under him in any sales by public auction, under 
penalty of fifty dollars for each oiFense ; and any person so 
acting shall be subject to the same penalty. lb. § 4. 

5. If any auctioneer receives any goods for sale, at pub- 
lic auction, of any servant or minor, knowing him to be 
such, or sells any goods, before sunrise or after sunset, at 
public auction, he shall forfeit a sum not less than fifty nor 
more than one hundred and seventy dollars for each of- 
fence; but the municipal officers of any town may license 
any duly licensed auctioneer specially, to sell after sunset 
upon payment of a sum not exceeding twenty dollars. lb. 
§5. 

6. A parcel of real estate lying partly in one town and 
partly in another, may be sold by an auctioneer of either; 
but if any auctioneer sells or oifers to sell any real or 
personal property at public auction in any other towns, 
than those authorized by his license, or if any person sells 
without a license, he shall forfeit not exceeding six hun- 
dred dollars. lb. § 6. 

7. If the tenant or occupant of any building, having 
actual possession and control thereof, knowingly permits 
any person to sell any goods or chattels at public auction 
contrary to the provisions of this chapter, in such build- 
ing, or in any apartment, or yard appurtenant thereto, he 
shall forfeit not more than six hundred, nor less than one 
hundred dollars. lb. § 7. 

8. Nothing in the preceding sections shall extend to 
sales made by sherifis, deputy-sheriffs, coroners, constables 
or collectors of taxes, executors or administrators, or any 
other person authorized to sell goods, chattels, or lands, 
by order of any court or judge of ]n-obate. lb. § 8. 

9. All fines imposed by this chapter may be recovered 
by indictment in any court proper to try the same ; 
and it shall be the especial duty of city marshals and 
their deputies, sheriff's, constables, and police officers, to 
make immediate complaint for every offense against the 
provisions hereof; and one-half of all fines shall be for 
the use of the prosecutor, and the other for the use of 
the town where the offense is committed. lb. § 9. 



296 



MAINE TOWNSMAN. 



CHAPTER LXXXYIII 



PAWNBROKERS AND INTELLIGENCE OFFICES. 



1. License of pawnbrokers. 

2. To keep account of all business done. 

3. Rate of interest. 

4. Time and mode of selling pawned 

property. 



5. Penalty for not paying over pro- 

ceeds of sale. 

6. Intelligence offices. 



1. The municipal officers of any town may grant 
licenses to persons of good moral character to be pawn- 
brokers therein for one year, unless sooner removed by 
said officers for a violation of law regulating their busi- 
ness ; and any person carrying on said business without 
a license, shall be liable to a penalty not exceeding one 
hundred dollars. R. S. c. 35, § 1. 

2. Every pawnbroker shall keep a book, in which he 
shall enter the date, duration, amount, and rate of in- 
terest, of every loan made by him ; an accurate account 
and description of the property pawned, and the name 
and residence of the pawner, and, at the same time, de- 
liver to said pawner a written memorandum signed by 
him, containing the substance of the above entry, and, at 
all reasonable times, submit said book to the inspection 
of any of the officers aforesaid ; and for every violati<Jn 
of this section he shall forfeit twenty dollars. lb. § 2. 

3. No pawnbroker shall directly or indirectly receive 
any rate of interest greater than twenty-five per cent a 
year on a loan not exceeding twenty-five dollars, nor than 
six per cent on a larger loan made \ipon property pawned, 
under a penalty of one hundred dollars for each offense, 
lb. § 3. 

4. No pawnbroker shall sell any property pawned until 
it has remained in his possession three months after the 
expiration of the time for which it was pawned ; and all 
such sales shall be at public auction by a licensed auction- 
eer, and after notice of the time and place of sale, the 
name of the auctioneer, and a description of the property 
to be sold, are published in a newsjjaper in the town 
where the property is pawned, if any, and if not, posted 
in two public places therein at least two weeks before the 



LIBRARIES AND CHARITABLE SOCIETIES. 297 

sale; and all sales of such property otherwise made shall 
be wholly void, and the pawnbroker, undertaking to make 
the SLime, shall forfeit twenty dollars for every such of. 
fense. lb. § 4. 

5. After deducting from the proceeds of any sale as 
aforesaid the amount of the loan, the interest then due, 
and the proportional part of the expenses of sale, such 
pawnbroker sh^dl pay the balance to the person entitled 
to redeem such property if no sale had been made ; and 
if not so paid on demand, he shall forfeit double the 
a;nount so retained, one-half to the use of the pawner and 
the other to the use of the State. lb. § 5. 

6. The municipal officers of any town may, upon pay- 
ment of one dollar each, grant licenses to suitable persons 
for one year, unless sooner revoked after notice and for 
cause, to keep offices for the purpose of obtaining em- 
ployment for domestics, servants, or other laborers, except 
seamen, or of oivino- information relatino; thereto, or of 
doing the usual business of intelligence offices ; and no 
person shall keep such an office, without a license, under 
a penalty not exceeding fifty dollars for every day it is so 
kept. lb. § 6. 



CHAPTER LXXXIX. 

LIBRARIES, AND CHARITABLE AND BENEVOLENT SOCIETIES. 



1. Call of the first meeting. 

2. Notice of the meeting, how given. 

3. Manner of organizing. 

4. What estate it may hold. 

5. Corporations for charitable and be- 

nevolent purposes not to sue their 
members. 



Duties of treasurer and clerk 
thereof. 

Towns may establish public libra- 
ries. 

May raise money therefor. 

May receive and manage dona- 
tions. 



1. When seven or more persons desire to be incorpo- 
rated as proprietors of a social, military, literary, scientific 
or county law library ; as a masonic lodge, or chapter of 
any order or degree ; as lodge of the independent order 
of odd fellows ; as a division of the sons of temperance ; as 
a tent of rechabites ; as a grange of patrons of husbandry ; 
as a council of the sovereigns of industry ; as a relief or 
benefit association for mutual assistance ; as a monument, 
or memorial association ; as a society to promote temper- 
ance ; or for any literary, scientific, musical, charitable, 
educational, social, military, agricultural, moral, religious, 



298 MAINE TOWNSMAN". 

or benevolent purpose ; they may apply in writing to any 
justice of the peace in the county, who may issue his 
warrant directed to one of said applicants, requiring him 
to call a meeting thereof at such time and place as the 
justice appoints. 

2. He may call it by reading the warrant in the pres- 
ence and hearing of each, or by leaving an attested copy 
thereof at his last and usual place of abode, at least four- 
teen days before the day of meeting, or by publishing an 
attested copy tliereof in some newspaper printed in said 
county, two weeks successively, the first publication to be 
at least fourteen days before the day of meeting. lb. § 2. 

3. When assembled pursuant to the warrant, they may 
organize themselves into a corporation, with such name 
as they then adopt, and they, their assosiates and succes- 
sors, may have continual succession ; have a common seal; 
elect all necessary officers; adopt by-laws, not inconsistent 
with the laws of the State, and enforce the same by suit- 
able penalties ; have the same rights and be under the 
same liabilities as other corporations, in prosecuting and 
defending suits at law; and have and enjoy all other 
rights, privileges, and immunities of a legal corporation, 
lb. § 3. 

4. Such corporation may take and hold by purchase, 
gift, devise, or bequest, personal or real estate, in all not 
exceeding in value one hundred thousand dollars owned at 
any one time, and use and dispose thereof only for the 
purposes for which the corporation was organized. lb. § 4. 

5. No corporation organized for charitable or benevo- 
lent purposes, shall sue any of its members for dues or 
contributions of any kind, or be sued by any member for 
any benefit or sum due him, but all such rights and bene- 
fits, dues and liabilities, shall be regulated and enforced 
only in accordance with its by-laws. lb. § 5. 

6. The treasurer of each library association, under the 
direction of the trustees, shall apply all moneys received 
of the county treasurer, all bequests and donations, to 
form a law library under the appointed regulations ; and 
the clerk shall keep an exact record of all their proceed- 
ings, lb. § 7. 

The treasurer shall keep an exact account of all 
moneys, donations, and bequests, belonging to the cor- 
poration, and annually settle the same on oath, in the 
manner prescribed; and the treasurer, librarian, and 



HAWKERS AlS'D PEDDLERS. 



299 



clerk, shall be answerable for all misfeasance in an action 
by the corporation. The treasnrer shall annually, in 
January, and before the second Wednesday, deposit in 
the office of the State treasurer a statement of the funds 
received the year preceding by the corporation. lb. § 8. 

7. Any town is authorized to establish and maintain a 
public library therein, for the use of the inhabitants, and 
provide suitable rooms therefor, under such regulations 
for its government as the inhabitants from time to time 
prescribe. lb. § 9. 

8. Such town may appropriate for the foundation and 
commencement of such library, a sum not exceeding one 
dollar, and for its maintenance and increase annually a 
sum not exceeding twenty-live cents for each of its 
ratable polls in the year next preceding that in which 
such appropriation is made. lb. § 9. 

9. Any town may receive in its corporate capacity, and 
hold and manage, any devise, bequest, or donation, for 
the establishment, increase, or maintenance of a public 
library therein. lb. § 10. 



CHAPTER XC. 



HAWKERS AND PEDDLERS. 



1. Penalty for peddling without license. 

2. Persons to be licensed by county 

commissioners. 

3. Blank licenses, signed by county 

commissioners, furnished the 
clerk, and he to account therefor. 

4. All moneys paid to clerk, to be 

paid to State treasurer. 



5. Licenses to be exhibited when re- 

quired. 

6. Penalties, how recovered. 

7. Name of peddler, and words, "Li- 

censed by C. C," to be painted on 
carriage. 



1. Xo person, except as hereinafter provided, shall travel 
from town to town, or place to place in any town, on foot, 
or by any kind of land or water conveyance, carrying for 
sale, or offering for sale, any goods, wares, or merchandise, 
whole or by sample, under a penalty of not less than fifty 
nor more than two hundred dollars, and the forfeiture of 
all proj^erty thus unlawfully carried ; but this provision 
shall not apply to commission merchants and commercial 
brokers traveling from place to place in the city or town 



300 MAINE TOWNSMAN. 

where they reside, and selling or offering to sell goods by 
sample or otherwise ; nor to any citizen of this State sell- 
ing any fish, fruit, provisions, farming ntensils or other 
articles lawfully raised or manufactured in this State. 
R S. c. 44, § 1. 

2. The county commissioners may license for the pur- 
poses aforesaid, any person who proves to their satisfac- 
tion that he sustains a good moral character, and has been 
five years a citizen of the United States ; and such licenses 
shall expire in one year from their date, and shall not be 
transferable ; and the pei-son receiving such license shall 
pay therefor, if he is to sell or offer to sell by retail, ten 
dollars ; if by wholesale, twenty-five dollars; but soldiers 
of this State, disabled in the recent war of the rebellion, 
shall have their licenses free. lb. § 2. 

3. Said commissioners shall furnish the clerk of th'e 
court a sufiicient number of blank licenses, signed by at 
least a majority of them, to meet all calls therefor; and 
they shall be charged to him, and he shall account there- 
for once in three months to said commissioners. lb. § 3. 

4. All moneys paid for such licenses, shall be paid to 
the clerk of the court, and by him paid to the State treas- 
urer or deposited in the nearest bank where State funds 
are deposited, or such other place as is agreed upon with 
the State treasurer, once in three months, except fifty 
cents for each license, taking receipts therefor. Such 
receipts, licenses not issued, and fifty cents for each license 
issued and recorded, shall be allowed to such clerk by 
said commissioners on payment for signed licenses re- 
ceived by him. lb. § 4. 

5. Every person receiving such license shall exhibit 
it at all times when required by a trial justice, constable, 
or other peace ofiicer ; and upon refusnl, he shall forfeit 
the sum of fifty dollars ; and his carriages, goods, wares, 
and merchandise, which he is then and there employing 
under such license, on complaint before a justice of a 
police or municipal court or trial justice in said county, 
may be seized on his warrant, and detained in the custody 
of the ofiicer until payment of said penalty or the dis- 
charge of the accused; and if he is convicted, and said 
property is not redeemed within twenty days thereafter, 
it shall be forfeited, and sold as if taken on execution, and 
the net proceeds distributed as hereinafter provided. lb. 
§5. 



PROPERTY EXEMPTED FROM ATTACHMENT, ETC. 301 

6. Such penalties and forfeitures may be recovered by 
indictment, or action of debt in the name of the prose- 
cutor, one-half to the use of the town where the offense 
is committed, and the other to his own use ; and any trial 
justice or justice of a police or municipal court, on com- 
plaint for a violation of this chapter, may issue his war- 
rant and cause the arrest of the accused and the seizure 
of the property alleged to be forfeited ; and if, on exam- 
ination, he finds there is probable cause to believe that he 
is guilty, he shall order him to recognize, with sufficient 
sureties, to appear before the next supreme judicial court 
for said county, and in default thereof, commit him, and 
order the detention of said property by the officer in 
whose custody it is, until trial in said court ; and in case 
of conviction, said property shall be debreed forfeited to 
the uses aforesaid, and be sold as if taken on execution, 
lb. § 6. 

7. Every person licensed shall have painted on some 
conspicuous place on every carriage employed by him, in 
letters at least one inch wide, his name and the words, 
' Licensed by C. C." lb. § 7. 



CHAPTER XCI. 

PROPERTY EXEMPTED FROM ATTACHMENT AND EXECUTIC. 

1. Personal property exempt. | 4. When "com and grain" not ex- 

2. Homestead exempt. empt. 

3. Proceedings to exempt homestead. \ 

1. The following personal property is exempt from at- 
tachment and execution : R. S. c. 81, § 62. 

First. The debtor's wearing apparel ; household furni- 
ture necessary for himself, wife, and children, not exceed- 
ing fifty dollars in value, and one bed, bedstead, and 
necessary bedding for every two such persons. 

Second. All family portraits, all Bibles and school-books 
in actual use in the family ; one copy of the statutes of 
the State, and a library not exceeding a hundred and fifty 
dollars in value.- 

Third. All his interest in one pew in a meeting-house 
where he and his family statedly worship. 



302 MAINE TOWNSMAN. 

Fourth. One cooking-stove; all iron stoves used ex- 
clusively for warming buildings ; charcoal, and not exceed- 
ing twelve cords of wood conveyed to his house for the 
use of himself and family ; all anthracite coal not exceed- 
ing five tons; all bituminous coal not exceeding fifty 
bushels ; and ten dollars worth of lumber, wood, or bark. 

Fifth. All produce of farms until harvested ; one bar- 
rel of flour; corn and grain necessary for himself and 
family, not exceeding thirty bushels ; all potatoes raised 
or purchased for himself and family ; and all flax raised 
on a half acre of land, aud all articles manufactured there- 
from for the use of himself and family. 

Sixth. The tools necessary for his trade or occupation, 
and one sewing maching not exceeding one hundred dol- 
lars in value for actual use by himself or family. 

Seventh. One pair of working cattle, or instead thereof 
one pair of mules or one or two horses not exceeding in 
value three hundred dollars, and a sufficient quantity of 
hay to keep them through the winter season. If he has 
more than one pair of working cattle, or more than one 
pair of mules, or if the two horses exceed in value three 
hundred dollars, he may elect which pair of cattle or 
mules or which horse shall be exempted. If he has a pair 
of mules or one or two horses so exempt, he may also 
have exempt for each of said horses or mules one harness 
not exceeding twenty dollars in value; and one horse- 
sled not exceeding the same value ; but if he has at the 
same time an ox-sled, he may elect which sled shall be 
exempt. 

Eighth. Domestic fowl, not exceeding fifty dollars in 
value, two swine, one cow, and one heifer under three 
years old, or if he has no oxen, horse, or mule, two cows, 
and he may elect the cow or cows and heifer, if he has 
more than is exempt, ten sheep and the wool from them, 
and the lambs raised from them until they are one year 
old, and a sufficient quantity of hay to keep said cattle, 
sheep, and lambs through the winter season. 

Ninth. One plow, one cart or truck-wagon, one harrow, 
one yoke wdth bows, ring, and staple, two chains, one ox- 
sled and one mowing-machine. 

Tenth. One boat not exceeding two tons burden, usu- 
ally employed in fishing business, belonging wholly to 
an inhabitant of this State. 

2. A lot of land, and dwelling-house and out-buildings 
thereon, the property of a householder in actual posses- 



RIGHTS OF MARRIED WOMEN. 



303 



sion thereof, and not the owner of an exempted lot pur- 
chased of the State, is exempt from attachment and levy 
on execution. lb. § 63. 

• 3. Such person may file in the registry of deeds in the 
county or district where the land lies, a certificate signed 
by him, declaring his wish to have such exemption, and 
describing the land and buildings ; and the register, for 
the fees for recording deeds, shall record it in a book by 
him kept for that purpose ; and so much of such property 
as does not exceed five hundred dollars in value, shall be 
forever exempt from attachment or levy on execution 
issued on a judgment recovered for any debt, contracted 
jointly or severally by such person after the date of the 
recording thereof; and the record in the register's office 
shall ly^ prima facie evidence that the certificate purport- 
ing to be there recorded, was made, signed, and filed as 
there appears. lb. § 64. 

4. The "corn and grain" must be necessary. If a 
debtor is unmarried, or has no family dependent on him 
for support, these articles are not "necessary," and there- 
fore not exempt. 41 Maine, 78. 



CHAPTER XCII 



RIGHTS OF MARRIED WOMEN. 



1. A married woman may acquire and 

dispose of property; exceptions. 

2. Marriage does not vary lier rights of 

property. 

3. She may receive wages of her labor, 

not in the family. 

4. Her husband not liable for her debts 

contracted before marriage, or af- 
ter ; but she and her property, but 
not her body, liable as if sole. 

5. She may sue and be sued in relation 

to her property as if sole, but not 
liable to arrest. 
6 Wife dying intestate, her estate de- 
scends to her heirs; but husband 
and wife may make marriage set- 
tlement. 



7. Wife, when husband absconds, or 

is in State prison, may make 
contracts under authority from 
court. 

8. Her contracts so made, binding; 

she may sue and be sued on 
them, and they may be en- 
forced. 

9. Damages awarded for real estate 

of wife invested for her use. 

10. Wife coming from another State 

without her husband, powers. 

11. Wife's expenses for last sickness to 

be paid from her estate. 

12. Legal decisions. 



1. A married woman, of any age, may own in her own 
right real and personal estate acquired by descent, gift, 
or purchase ; and may manage, sell, convey, and devise 



304 MAINE TOWNSMAN. 

the same by will, without the joinder or assent of her hus- 
band ; but real estate directly or indirectly conveyed to 
her by her husband, or paid for by him, or given or de- 
vised to her by his relatives, cannot be conveyed by her 
without the joinder of her husband in such conveyance ; 
except real estate conveyed to her as security or in pay- 
'ment of a bona fide debt actually due to her from her hus- 
band. When payment was made for property conveyed 
to her from the property of her husband, or it was con- 
veyed by him to her without a valuable consideration 
made therefor, it may be taken as the property of her 
husband to pay his debts contracted before such purchase. 
R. S. c. 61, § 1. 

2. A woman, having property, is not deprived of any 
part of it by her marriage, since the act approved March 
twenty-two, eighteen hundred and forty-four was in force; 
and a husband, by marriage since that time, acquires no 
right to any property of his wife. His rights acquired 
before that time are not affected by the provisions of this 
chapter. A married woman may release to her husband 
the right to control her property, or any part of it, and to 
dispose of the income thereof for their mutual benefit, 
and may in writing revoke the snme. lb. § 2. 

3. She may receive the Avages of her personal labor, not 
performed for her own family, maintain an action there- 
for in her own name, and hold them in her own right 
against her husband or any other person. lb. § 8. 

4. A husband married since April twenty-six, eighteen 
hundred and fifty- two, is not liable for the debts of his 
wife contracted before marriage, nor for those contracted 
after, in her own name, for any lawful purpose ; nor is he 
liable for her torts committed after April twenty-sixth, 
eighteen hundred and eighty-three, in which he takes no 
part ; but she is liable in both cases ; a suit may be main- 
tained against her or against her and her husband there- 
for; and her property may be attached and taken on 
execution for such debts as if she was sole'; but she can- 
not be arrested. lb. § 4. 

5. She may t)rosecute and defend suits at law or in equity for 
the preserv^ation and protection of her property, and personal 
rights, or for the redress of her injuries, as if unmarried, or may 
do it jointly with her husband; neither of them can be arrested 
on such writ or execution; nor can he alone maintain an action 
respecting his wife's property. lb. § 5. 

6. When a married woman dies intestate, her property 
descends to her heirs; and administration and distribu- 
tion may take place accordingly; but a husband and wife, 



RIGHTS OF MARRIED WOMEN. 305 

by a marriage settlement executed in the presence of two 
witnesses before marriage, may determine what rights 
each shall have in the other's estate during the marriage, 
and after its dissolution by death ; and may bar each other 
of all rights in their respective estates not so secured to 
them. lb. § 6. 

7. When a husband abandons his wife and leaves the 
State, without making sufficient provision for her main- 
tenance, or is confined in the State prison in execution of 
a sentence, the supreme judicial court, on application of 
his wife, may authorize her, during such absence or con- 
finement, to make contracts under seal or otherwise, and 
any person holding personal property to which he is en- 
titled in her right, to pay or deliver the same to her, for 
her disposal, and for which she may make a valid dis- 
charge. Such application may be presented in any county 
and notice thereof given, as in case of a libel for divorce, 
before such powers are granted. lb. § 7. 

8. All contracts, lawfully made by her by virtue of 
such power, are binding upon her and her husband, and 
during such absence or confinement, she may sue and be 
sued thereon, and for all acts done by her; and execution 
m.ay be enforced against her, as if unmarried. No such 
suit is abated by the return or release of the husband, but 
he may, on application, be admitted to prosecute or defend 
jointly with her. lb. § 8. 

9. When the real estate of a married woman is taken 
or damaged for public use, the amount awarded therefor 
is to be so invested as to secure to her the same benefits 
as she would have had from the estate. lb. § 9. 

10. When a married woman comes from any other 
State or country, and remains in this State, without hving 
with her husband, she may make contracts, dispose of 
property, sue and be sued, as if unmarried. When her 
husband comes and claims his marital rights, her contracts 
and suits shall be affected the same as if they were then 
first married. lb. § 10. 

11. The administrator of a deceased married woman, 
whose husband survives, may pay all reasonable expenses 
occasioned by her last sickness. lb. § 11. 

12. The i^roperty in a negotiable note may pass from 
the husband to the wife during marriage, by his indorse- 
ment and delivery of it to her. 34 Maine, 540. 

For articles furwshed and delivered to a married wo- 



306 MAINE TOWNSMAN. 

man residing with liei husband, necessary and proper for 
her, though charged to her on account, the husband is 
Uable. 35 Maine, 332. 

When a married woman becomes the owner of prop- 
erty by purchase, she must make the purchase from her 
own property, or that of others by their consent, for her 
use. 37 Maine, 394. 



CHAPTER XCIII. 



EIGHTS OF MECHANICS AND LABORERS. 



8. When owner dies before suit. 

9. Lien on buildings ou leased land 

for rent. 

10. Lien on logs and lumber for labor. 

11. Boomage. 

12. Lien attachments have precedence 

13. Legal decisions. 



1. Lien on a vessel. 

2. Liens on lime and lime rock. 

3. Liens on buildings and lots. 

4. Notice to builder. 

5. Lien dissolved, when. 

6. Description must be reasonably 

certain. 

7. Lien holds. ninety days. 

1. Whoever furnishes labor or materials for building a 
vessel, has a lien ou it therefor, which may be enforced by 
attachment thereof, within four days after it is launched ; 
but if the labor and materials have been so furnished by 
virtue of a contract not fully completed at the time of the 
launching of the vessel, the lien may be enforced within 
four days after such contract has been completed. He 
also has a lien on the materials furnished, before they be- 
come part of the vessel, which may be enforced by attach- 
ment ; and whoever furnishes labor or materials for a 
vessel after it is launched, or for its repair, has a lien on 
it therefor, to be enforced by attachment within four days 
after the work is completed; and the owners of any dry dock or 
marine railway, used for any vessel, have a lien on said vessel 
for the use of said dock or railway, to be enforced by attachment 
within four days after the last day in which the same is used or 
occupied by said vessel. K. S. c. 91, § 8, 

2. Whoever digs, hauls, or furnishes rock for the manufacture 
of lime, has a lien thereon for h>3 personal service, and on the 
rock so furnished, for thirty days after such rock is manufact- 
ured into lime, or until such lime is sold or shipped on board a 
vessel; whoever labors in quarrying or cutting and dressing 
granite in any quarry, has a lien for his wages on all the granite 
quarried or cut and dressed in the quarry by him or his co- 
laborers for thirty days after such granite is cut or dressed, or 
until such granite is sold or shipped on board a vessel; and 
whoever labors in mining, qiiarrying or manufacturing slate 
in any quarry, has a lien for the wages of his labor on all slate 
mined, quarried or manufactured in the quarry by him or his 
co-laborers for thirty days after the slate arrives at the port of 



RIGHTS OF MECHAOTCS AND LABORERS. 307 

shipment ; such liens have precedence of all other claims, 
and may be enforced by attachment within the times 
aforesaid. lb. § 27. 

3. A person who performs or furnishes labor or mate- 
rials in erecting, altering, or repairing a house, building, 
or appurtenances, by virtue of a contract with or by con- 
sent of the owner, has a lien thereon, and on the land on 
which it stands, or on any interest such owner has in the 
same, to secure payment thereof with costs, to be en- 
forced by attachment ; and if a levy is made thereon, the 
appraisers may set out a suitable lot for said building, if 
they think the whole is not needed therefor. If the debtor 
has no legal interest in the land on which the building is 
erected, the lien attaches to the building, and may be en- 
forced as before provided ; and if the owner of such land 
or building, so contracting, is- a minor or married woman, 
such lien shall exist, and such minority or coverture shall 
not bar a recovery in any suit brought to enforce it. lb. § 30. 

4. If the labor or materials Avere not furnished by a 
contract with the owner of the property to be affected, 
the owner may j^revent such lien for labor or materials, 
not then performed or furnished, by giving written no- 
tice to the person performing or furnishing the same, 
that he will not be responsible therefor. lb. § 31. 

5. The lien mentioned in the preceding section shall be 
dissolved unless the claimant within thirty days afterj^he 
ceases to labor or furnish materials as aforesaid, files in the 
office of the clerk of the town in which such building is 
situated, a true statement of the amount due him, with 
all just credits given, together with a description of the 
property intended to be covered by the lien, sufficiently 
accurate to identify it, and the names of the owners, if 
known ; which shall be subscribed and sworn to by the 
person claiming the lien, or by some one in his behalf, 
and recorded in a book kept for that purpose, by said 
clerk. lb. § 32. 

6. No inaccuracy in such statement relating to said 
property, if the same can be reasonably recognized, or to 
the amount due for labor or materials, shall invalidate 
the proceedings, unless it appears that the person making 
it willfully claims more than his due. lb. § 33. 

7. A suit to enforce the liens in the four preceding 
sections must be commenced within ninety days after the 



308 MAINE TOWNSMAN'. 

last labor is performed or materials so furnished, or the 
lien shall be dissolved. lb. § 34. 

8. When the owner dies, or a warrant in insolvency- 
issues against his estate within the ninety days and before 
the commencement of a suit, the action may be com- 
menced within sixty days after notice given of the elec- 
tion or appointment of the assignee in insolvency, exec- 
utor or administrator, or the revocation of the warratUt ; 
and the lien shall be extended accordingly. lb. § 35. 

9. When a lease of land, with a rent payable, is made 
for the purpose of erecting a mill or other l3uil dings 
thereon, such buildings and all the interest of the lessee 
shall be subject to a lien and liable to be attached for the 
rent due. Such attachment, made within six months 
after the rent becomes due, shall be effectual against any 
transfer of the property by the lessee. lb. § 36. 

10. Whoever labors at cutting, hauling, rafting, or 
driving logs or lumber, or at cooking for persons engaged 
in such labor, has a lien thereon for the amount due for 
his personal services, and the services performed by his 
team, which takes precedence of all other claims, except 
liens reserved to the State; continues for sixty days 
after the logs or lumber arrive at the place of destina- 
tion for sale or manufacture, and may be enforced by at- 
tachment. In such actions the court has the same power 
to allow and apportion costs as in equity. lb. § 38. 

11. The officer making such attachment may pay the 
boomage thereon, not exceeding the rate per thousand on 
the quantity actually attached by him, and return the 
amount paid on the writ, which shall be included in the 
damages recovered. The action or lien shall not be de- 
feated by taking a note, unless it was taken in discharge 
of the amount due and of the lien. Notice of the suit, 
such as the court orders, shall be given to the owner of the 
logs or lumber, and he may be admitted to defend it. lb. § 39. 

12. Suits to enforce any of the liens before named in this 
chapter shall have precedence of all attachments and incum- 
brances made after the lien attached, and not made to enforce 
a lien, and may be maintained although the employer or debtor 
is deceased and his estate represented insolvent; and his ex- 
ecutor or administrator may be summoned and held to answer 
to an action brought to enforce the lien. The declaration must 
show that the suit is brought to enforce the lien; but all the 
other forms and proceedings therein shall be the same as in 
ordinary actions of assumpsit. lb. § 42. 

13. A party who, at the request of the debtor, advances 



EIGHTS OF MECHANICS AND LABORERS. 309 

money to pay to a third person his lien claim for services 
in building a vessel does not thereby acquire a right to 
enforce the lien in his own name. 36 Maine, 384. 

The law gives a lien on a vessel for materials furnished 
for it^ not for it and another. But where materials are 
furnished for either of two specific vessels, though the 
contract does not appropriate them to either severally, 
yet, if the purchaser afterwards appropriates them, they 
may be considered as furnished for that one to which they 
are thus apj^ropriated. The builder can elect to which 
he will appropriate them, and, when he has elected, the 
seller has the benefit or loss of that election, and a lien 
on the vessel in whose construction they are used. U. S. 
circuit court (Judge Curtis) for Maine, 1855. 

The lien attaches to the vessel itself, without regard to 
the question of ownership, and follows her through all 
changes of title, whether by act of the owners or operation 
of law. lb. 

In this case, it is decided that sub-contractors, as well 
as original contractors, have a lien on the vessel to the 
construction of which they have contributed material or 
labor ; in other words, that the statute of this State gives 
the lien to all who have done work for or on account of 
the vessel. It does not make the lien dependent upon a 
contract with any particular person, nor does it raise any 
question to what person credit was given. It assumes 
that credit may be given to the vessel ; the act of doing 
the work for or on account of the vessel «*/:>5o jure creates 
the lien. lb. 

The plan of a house, the model of a ship, or the mold 
by which a ship's timbers are formed, are not within the 
statutes by which liens on the buildings or vessels are 
given. 41 Maine, 397. 

If a person furnishes materials for a vessel on time 
which has not elapsed when the four days after the vessel 
is launched have expired, no lien can be secured. 40 lb. 
291. 



310 MAINE TOWNSMAN. 



CHAPTER XCIY, 



ADOPTION OF CHILDREN. 



1. Who may adopt. 
"£. Whose consent required. 
8. Proceedings in court. 
4. Legal effect of adoption. 



5. Appeal from decree of probate. 

6. Allowance to adopted child, when. 

7. Form of petition, where obtained. 



1. Any inhabitant of this State not married, or any 
husband and wife jointly, may petition the judge of pro- 
bate for their county, for leave to adopt a child not theirs 
by birth, and for a change of his name. R. S. c. 67, § 32. 

2. Before such petition is granted, written consent to 
such adoption must be given by the child, if of the age 
of fourteen years, and by each of his living parents, if 
not hopelessly insane or intemperate ; or, when a divorce 
from the bonds of matrimony or fi-om bed and board has 
been decreed to either parent, written consent by the 
parent entitled to the custody of the child ; or such con- 
sent by one parent, when, after such notice to the other 
parent as the judge deems proper and practicable, such 
other parent is considered by the judge unfit to have cus- 
tody of the child. If there are no such parents, or if the 
parents have abandoned the child and ceased to provide 
for its support, consent may be given by the legal guard- 
ian ; if no such guardian, then by the next of kin in this 
State ; if no such kin, then by some person appointed by 
the judge to act in the proceedings as the next friend of 
such child. lb. § 23. 

3. Thereupon, if the judge is satisfied of the identity 
and relations of the parties; of the ability of the petition- 
ers to bring up and educate the child properly, having 
reference to the degree and condition of his parents, and 
of the fitness and pro])riety of such adoption, he shall 
make a decree, setting forth the facts, and declaring that 
from that date such child is the child of the petitioners, 
and that his name is thereby changed, without requiring 
public notice thereof. lb. § 34. 

4. By such decree the natural parents shall be divested 
of all legal rights in respect to such child, and he shall be 
free from all legal obligations of obedience and mainte- 



MASTEES, APPEENTICES, AND SERVANTS. 



311 



nance in respect to them ; and he shall be, for the custody 
of the person and all rights of inheritance, obedience and 
maintenance, to all intents and purposes, the child of his 
adopters, the same as if born to them in lawful wedlock, 
except that he shall not inherit property expressly lim- 
ited to the heirs of the body of the adopters, nor proper- 
ty from their lineal or collateral kindred by right of rep- 
resentation, and provided, that the right of inheritance on- 
ly applies to adoptions made since February twenty-four, 
eighteen hundred and eighty, and where not otherwise 
expressly provided in the decree of adoption, lb. § 35. 

5. Any petitioner, or any such child by his next friend, 
may appeal to the supreme court of probate from such 
decree, in the same manner and with the same> effect, as 
in other cases, but no bond to prosecute his appeal shall 
be required of such child or next friend, nor costs be 
awarded against either. lb. § 36. 

6. The judge of probate, on the death of either of the 
adopters of such child, may make a reasonable allowance 
to such child from the personal estate of the deceased, if 
the circumstances of the case demand it. lb. § 37. 

7. The form of petition for adoption may always be 
obtained in the probate courts. 



CHAPTER XCV, 



MASTERS, APPRENTICES, AND SERVANTS. 



1. Binding of minors under fourteen 

years of age. 

2. Binding of minors above fourteen. 

3. Indentures in such cases. 



4. By whom indentures shall be kept. 

5. Consideration, how secured. 

6. Indentures to be binding. 

7. Remedies. 



1. Children, under the age ofTourteen years, may be 
bound as apprentices or servants until that age, without 
their consent, by their father, if h ving ; and if not, by their 
mother or legal guardian ; and if they have no parent or 
guardian, they may bind themselves, with the approbation 
of the municipal officers of the town where they reside. 
R. S. c. 62, § 1. 

2. Minors, above the age of fourteen years, may be 
bound in the same manner, wdth their consent, which shall 
be distinctly expressed in the indenture signed by them ; 
females to the age of eighteen years, or to the time of 



312 MAINE TOWNSMAN. 

their marriage within that age, and males to the age of 
twenty-one years. lb. § 2. 

3. No minor of any age shall be thus bound unless by 
an indenture of two parts, signed, sealed, and delivered 
by both parties ; and when the minor binds himself, by 
the consent of the municipal officers, such consent shall 
be in writing, signed by them on each part of the inden- 
ture, lb. §^3. 

4. One part of the indenture shall be kept by the mas- 
ter or mistress, to whom the minor is bound, and the other 
part by the parent or guardian for the use of the minor; 
and when made by the consent of the municipal officers 
as aforesaid, it shall be deposited with the town clerk, 
lb. § 4. 

5. All considerations, allowed by the master or mis- 
tress in any contract of service or apprenticeship, shall be 
secured by the indenture, to the sole use of the minor; 
and paid to him without any control on the part of the 
parent or guardian at any time. lb. § 5. 

6. All indentures made as aforesaid shall, in law, bind 
all parties thereto ; but not the minors, parents, or guard- 
ians, after the death of the master or mistress ; nor shall 
such minors be transferred to another, or carried out of 
the State. lb. § 6. 

7. Parents and guardians, municipal officers, and mas- 
ters and mistresses, joining in such indentures, have the 
like remedies and proceedings thereon as are provided for 
corresponding parties in chapter twenty-four of Revised 
Statutes. lb. § 7. 



TITLE IX. 

DUTIES AND RIGHTS OF TOWN OFFI- 
CERS AND OTHERS. 

Chapter 96. Selection and service of jurors. 

Chapter 97. Coroners and coroners' inquests. 

Chapter 98. Constables. 

Chapter 99. Special duties of town clerks. 

Chapter 100. Births, deaths, marriages. 

Chapter 101. Eeference of disputes. 

Chapter 102. Fees of justices of the peace. 

Chapter 103. Inspection of lime and lime casks. 

Chapter 104. Inspection of pot and pearl ashes. 

Chapter 105. Inspection of leather, boots, and shoes. 

Chapter 106. Inspection of fish. 

Chapter 107. Fisheries. 

Chapter 108. Survey of wood, bark, coal, hoops, staves, and 

lumber. 

Chapter 109. "Weights and measures. 

Chapter 110. Inspection of beef and pork. 



CHAPTER XCVI 



SELECTION AND SERVICE OF JURORS. 



Board for preparing lists of jurors. 

How tho lists are to be prepared. 

Per-ons exempted from serving. 

Tickets of names to be kept in jury- 
box. 

Number required to be kept in jury- 
box. 

Commissioners to divide the county 
into jury districts. 

Rule by which the clerk shall issue 
venires. 

Grand jurors to serve one year. 

Distribution of venires ; form of no- 
tice and return. 



10. Mode of drawing jurors. 

11. Same subject. 

12. Date of draft. 

13. Constables to notify jurors; form 

of notice. 

14. Jurors to attend, when. 

15. Penalty for neglect of selectmen or 

clerk. 

16. Penalty for neglect of constable or 

town. 

17. Penalty for neglect of juror to at- 

tend. 

18. Penalty for fraud by town clerk or 

selectmen. 

19. Legal decisions. 



1. The municipal officers, treasurer, and clerk of each 
town constitute a board for preparing lists of jurors to be 
laid before the town for their approval j and the town, in 
*" ' (313) 



314 MAINE TOWNSMAN. 

legal town meeting, by a majority of the legal voters as- 
sembled, may strike out such names as they think proper 
from such lists, but shall not insert any other names. R. 
S. c. 106, § 1. 

2. Such board, at least once in every three years, shall 
prepare a list of such persons, of good moral character, 
and qualified, as the constitution directs, to vote for repre- 
sentatives, under the age of seventy years, in such town, 
as they judge best qualified to serve as jurors. lb. § 2. 

3. The following persons shall be exempted from serv- 
ing as jurors, and their names shall not be placed on the 
lists : the governor, councilors, judges, and clerks of the 
common-law courts, secretary and treasurer of the State, 
all officers of the United States, judges and registers of 
probate, registers of deeds, settled ministers of the gospel, 
officers of colleges, preceptors of incorporated academies, 
physicians and surgeons, cashiers of incorporated banks, 
sheriffs and their deputies, coroners, counselors and attor- 
neys at law, county commissioners, constables, and con- 
stant ferrymen. lb. § 3. 

4. After the list of jurors is approved by the town, the 
board shall write their names upon tickets, and place them 
in the jury-box, to be kept by the town clerk; and the 
persons whose names are in the box shall be liable to be 
drawn and to serve on any jury, at any court for which 
they are drawn, once in every three years, and not oftener, 
except as herein provided. lb. § 4. 

5. Each town shall provide, and constantly keep in the 
box, a number of names ready to be drawn when required, 
not less than one nor more than two for every hundred 
persons in the town, according to the census taken next 
before preparing the box ; and the board shall withdraw 
from it the name of any person convicted of any scandal- 
ous crime, or guilty of any gross immorality. lb. § 5. 

6. Within one year after every new census, and oftener 
if a considerable change of population renders it proper, 
the county commissioners shall divide their county into 
not less than four nor more than twelve districts, numeri- 
cally designated; and they shall place as many adjoining 
towns in each district as will make the number of inhabi- 
tants in each, according to the last census, as nearly equal 
as may be, without dividing the town ; and shall deliver a 
copy of such division immediately to the clerk of the 
courts in their county. lb. § 6. 



SELECTION AND SERVICE OF JURORS. 315 

7. The grand and traverse jurors shall be drawn from 
each jury district in such manner as to cause jurors, at 
each term of the court, to come from every part of the 
county as equally as may be, and, as far as practicable, 
from every town in rotation, having regard to the number 
of its inhabitants, taking not more than two grand jurors 
and two traverse jurors from the same town at the same 
time, unless from necessity, or some extraordinary cause, 
or to equalize the service; and the clerk of the courts 
shall issue venires to the constables accordingly. lb. § 7. 

8. Venires for grand jurors to serve at the supreme 
judicial court shall be issued at least forty days before the 
second Monday of September annually; and such jurors 
shall serve at every term of said court for the transaction 
ol criminal business throughout the year. lb. § 8. 

9. The sheriff", on receiving such venires, shall immedi- 
ately send them to the constables of the town where di- 
rected; and each constable, on receipt thereof, shall notify 
the inhabitants of the town, qualified to vote for repre- 
sentatives, and especially the municipal officers and town 
clerk, by posting notices in two public and conspicuous 
places therein, at least four days before such meeting, to 
assemble and be present at the draft of jurors called for, 
which shall be six days, at least, before the time when the 
jurors are ordered to attend court. lb. § 9. 

The form of notice to the inhabitants may be as follows : 

In the name of the State ox Maine, I hereby notify the 

inhabitants of the town of qualified to vote in the 

election of representatives to assemble and be present at 

, on the day of , at o'clock in the • 

noon, for the draft and selection of g'-and jurors and 

traverse jurors, to serve at the nexi supreme judicial 

court to be holden within and for the county of , on 

the day of , agreeably to a writ of venire, from 

to me directed. 

Dated at . Constable of . 

The form of return may be as follows : 

June , 18 — . This certifies, that, by virtue of the 

within venire, I notified the inhabitants of the town of 
qualified to vote in the election of representatives to 



816 MAINE TOWNSMAN. 

assemble and be present on the day of , at 

o'clock in the noon, at the draft and selection of per- 
sons to serve as jurors at the court next to be 

holden at , in the county of , and that were 

drawn out of the jury-box, as the law directs, to serve as 

jurors at said court, and that I notified the said 

, on the day of -, severally, of their draft and 

selection, and of the place, day, and hour at which they 
must attend. 

Dated, . Cooistahle of . 

10. The town clerk, or, in his absence, one of the mu- 
nicipal officers, shall carry the jury-box into the meeting, 
which shall there be unlocked, and the tickets mixed by 
a majority of said officers present; and one of them shall 
draw out as many tickets as there are jurors required ; 
and the persons whose names are drawn sliall be returned 
as jurors, unless they have served on the jury within three 
years, or from sickness, absence beyond sea, without the 
limits, or in distant parts of the State, they are considered 
by the town unable to attend. lb. § 11. 

11. In either of said cases, or if a person is drawn who 
has been appointed to an office exempting him from serv- 
ing, others shall be drawn in his stead ; but any person 
thus excused, or returned and attending court, and there 
excused, shall not be excused on another draft, though 
within three years ; and when all the persons, whose 
names are in the box, have served within three years, or 
are not liable to serve, tlie selectmen shall draw out the 
required number of those who have not served for eight- 
een months ; and the clerk shall certify on the venire that 
all persons whose names are in the box have served within 
three years, or are not liable to serve. lb. § 12. 

12. When a juror is drawn and not excused by the 
town, the municipal officers who drew his ticket shall in- 
dorse thereon the date of the draft and return it into the 
box. lb. § 13. 

13. The constables shall notify the persons thus drawn 
four days at least before the sitting of the court, by read- 
ing the venire and indorsement thereon to them, or leaving 
at their usual place of abode a written notice that they 
have been drawn, and of the time and place of the sitting 
of the court where they are to attend ; and make a sea- 
sonable return of the venire with theii' doings thereon. lb. 
§14; 5 Maine, 333. 



SELECTION AND SERVICE OF JURORS. 317 

The form of notice may be as follows : 

To , of . You are hereby notified that you 

have been drawn as a grand juror [or a traverse juror ^ as 

the case may he\ from the town of ; and you are to 

attend at the court for the county of , on ^ 

at o'clock in the noon. Fail not, at your peril. 

Dated, . Constable of •. 

14. The grand and traverse jurors shall attend on the 
first day of the term for which they are drawn and sum- 
moned, unless the court designates a difierent day ; and if 
so, the venire shall specify such day. lb. § 15. 

15. If the municipal officers or town clerk neglect to 
perform their duties herein required, so that the jurors 
called for from their town are not returned, they shall be 
fined not less than ten, nor more than fifty dollars each, 
lb. § 16. 

16. Any constable, neglecting to perform his duties 
herein required, shall be fined not exceeding twenty dol- 
lars ; and any town for a like neglect of its duties shall be 
fined not exceeding one hundred dollars. lb. § 17. 

17. Any juror, who, after being notified and returned, 
unnecessarily fails in his attendance, shall be fined as for 
contempt, not exceeding twenty dollars, unless he resides 
in Portland, and then not exceeding forty dollars. lb. § 19. 

18. Any town clerk or municipal ofiicer, who commits 
a' fraud on the box ^^I'evious to the draft, in drawing a 
juror, or in returning a name into the box which has been 
fairly drawn, and drawing another in its stead, or in any 
other mode, shall be fined not exceeding two hundred 
dollars, half to the use of the State and half to the pros- 
ecutor, lb. § 20. 

19. A minister of the Methodist Episcopal church who 
belongs to the "local connection," and whose duty, there- 
fore, it is to preach, when called upon, to churches within 
a convenient distance from his residence, is a settled min- 
ister, within the statute exempting "settled ministers of 
the gospel" from serving as jurors. 16 Pick. 153. 

Where the constable has omitted to insert the name of 
the juror in his return, the juror was put upon the panel 
on his making oath that he had been summoned. 6 Mass. 
486. 

So, where it did not appear by the constable's return 



318 



MAINE TOWNSMAN. 



on tliG venire, at what time lie summoned the jurors, they 
were put upon the panel upon making oath that they had 
received due notice. 1 Pick. 196. 

Attorneys at law, though retired from practice, are ex- 
empted from serving as jurors. 20 Pick. 1. 



CHAPTER XCVII. 



CORONERS AND CORONERS' INQUESTS. 



1. When inquests shall be taken ; cor- 

oner's warrants. 

2. Duties of constable and jurors. 

3. Juror's oath. 

4. Talesmen may be appointed. 

5. Subpoenas for witnesses and their 

oath. 

6. Testimony to be in writing and 

signed. 

7. Coroner's charge to the jury. 



8. Form of verdict. 

9. Coroner may issue warrant of ar- 

rest. 

10. Coroner to bury the body. 

11. Reasonable compensation to coro- 

ner and all concerned. 

12. Coroner's appointment and bond. 

13. Coroner may serve precepts, wlien. 

14. Fees. 



1. Any coroner shall hold inquests on dead bodies of 
such persons only as appear or are supposed to come to 
their death by violence, and not when it is believed their 
death was caused by casualty; and as soon as he is 
notified of any such dead body in his county, he shall 



make out his warrant in the foll( 



form, directed to 



any of the constables of the same town or an adjoining 
town in his county, requiring him forthwith to summon a 
jury of six good and lawfal men of their towns to appear 
before him at the time and place fixed in the warrant. 
R. S. c. 139, § 1. 



[l. s.] To either of the constables in the town of 
in the county of 



GREETING. 



In the name of the State of Maine, you are hereby re- 
quired immediately to summon six good and lawful men 

of said town of , to appear before me, one of the 

coroners of the county of , at the dwelling-house of 

-, (or at the place called ,) within said town 



of 



at the hour of 



then and there to inquire 

, there lying dead, 

how and in what manner he came to his death. Fail not 



upon and view the body of 
how and in what mi 
herein at your peril. 



CORONERS AND COROKERS' INQUESTS.. 319 

Given under my hand and seal, at the r- day 

of ^5 in the year eighteen hundred and . S. F. 

2. The constable, to whom such warrant is directed 
and delivered, shall forthwith execute it, repair to the 
place where the dead body is at the time appointed, and 
make return of the warrant with his doings to said 
coroner, or he shall forfeit the sum of ten dollars ; and 
every person summoned as a juror, neglecting to attend 
at the time and place appointed, without reasonable 
excuse, shall forfeit and pay the sum of seven dollars, to 
be recovered in an action of debt in the name of the 
coroner or the county, and for the use of the county. lb. 
§2. 

3. The coroner shall administer to the jurors who 
appear in view of the body the following oath : " You 
solemnly swear that you will diligently inquire, and true 
presentment make, on behalf of this State, how, when, 
and in what manner, the person whose body here lies 
dead came to his death, and you shall return to me a true 
inquest thereof, according to your knowledge and the 
evidence laid before you. So help you, God." lb. § 3. 

4. If the six jurors summoned do not appear as com- 
manded, the coroner may require the constable, or any 
other person he appoints, to return jurors from the by- 
standers to complete the number. lb. § 4. 

5. The coroner may issue subpoenas for witnesses, to be 
served as in other cases, and shall administer to them an 
oath as follows : lb. § 5. 

You solemnly swear, that the evidence which you shall 
give to this inquest, concerning the death of the person 
here lying dead, shall be the truth, the whole truth, and 
nothing but the truth. So help you, God. 

6. The evidence of all the witnesses shall be in writing, 
and signed by them; and if it relates to the trial of any 
person concerned in the death, the coroner shall bind 
such witnesses by recognizance, in a reasonable sum, for 
their personal appearance at the next supreme judicial 
court to be held in the same county, to give their testi- 
mony accordingly ; and if they do not so recognize, he 
shall commit them to prison, and return to the same court 
the inquisition, written evidence, and recognizance by 
him taken. lb. § 7. 



320 MAINE TOWNSMAN. 

7. After the coroner has sworn the jurors, he shall 
charge them to declare whether the person died by felony, 
mischance, or accident ; if by felony, who were principals 
and accessories, the instrument employed, and all impor- 
tant circumstances; if by mischance, or by his own hand, 
in what manner, and all attending circumstances; and 
make proclamation for all persons who can give any evi- 
dence to draw near and be sworn. lb. §8. 

8. The jury, after examining the body, hearing the 
evidence, and making all useful inquiries, shall draw up 
and deliver to the coroner their verdict in writing under 
their hand and seals in substance as follows: (lb. § 9.) 

An inquisition held at , within the county of 



the day of , in the year , before S. F., one 

of the coroners of said county, upon view of the body of 

, there lying dead, by the oaths of 

-, good and lawful men, who, being charged and 



sworn to inquire for the State, when, how, and by what 

means the said came to his death, upon their 

oaths say: {then insert hoio^ ichen^ and by what means, 
and with what instrument he vnas killed.~\ In testimony 
whereof, the said coroner and the jurors of the inquest 
have hereunto set their hands and seals, the day and year 
abovesaid. 

9. If any person, charged by the inquest with causing 
ths? death of such person, is not then in custody, the cor- 
oner shall have the same power as a justice of the peace 
to issue a warrant for his apprehension, to be returned 
before any judge, or trial justice. lb. § 10. 

10. Every coroner within his county, after the return 
of an inquisition of the jury upon view of the dead body 
of a stranger, shall bury the body in a decent manner; 
and all the expenses attending the burial, and the ex- 
penses of the inquisition, shall be paid to the coroner out 
of the State treasury, if the coroner certifies under oath 
that the deceased was a stranger not belonging to the 
State, according to his best knowledge and belief; other- 
wise the expenses of the burial shall be paid to the 
coroner by the town where the body was found, and 
repaid to such town by the town to which he belonged 
in the State ; and the expense of the inquisition by the 
county. lb. § 11. 



INQUESTS. 321 

11. The coroner, whether an inquest is held or not, 
jurors, witnesses, and any other person required to sum- 
mon jurors or witnesses, shall be allowed, in addition to 
the regular fees, a sum sufficient to make a reasonable 
compensation for all their services and expenses; and the 
coroner shall pay to the party giving him notice that a 
dead body has been found, and to the person who j^icked 
up such dead body, and to the person who has had the 
care of such body till taken charge of by him, a suitable 
compensation, which shall be reimbursed as for personal 
seiwices. lb. § 12. 

12. Every coroner shall be appointed and hold his office 
according to the provisions of the constitution, be sworn, 
and give bond to the treasurer of State, with sufficient 
sureties, to the satisfaction of the county commissioners 
of his county, for the faithful discharge of his duties ; such 
bond shall be transmitted to such treasurer, as a sheriff's 
bond is ; but when it is approved, by the certificate of two 
county commissioners, arid filed with the clerk of his 
county, he may discharge his duties till the firet day of 
their next stated session, and not afterwards, unless his 
bond is then approved by them. lb. c. 80, § 47. 

13. Every coroner shall serve and execute, within his 
county, all wi'its and precepts in which the sheriff thereof 
is a party, unless served by a constable, or while the of- 
fice of sheriff therein is vacant, including those in which 
a town, plantation, parish, religious society, or school dis- 
trict, of which he is at the time a member, is a party or 
interested ; and may lawfully serve, execute, and return 
any process in his hands when his term of office expires, 
or he is notified of the qualification of the sheriff of his 
county, after a vacancy. lb. § 49. 

14. Coroners shall be entitled to the same fees as sher- 
iffs for similar services, except where otherwise exj^ressly 
provided. 

They may receive, for attending in court in every trial 
where the sheriff is concerned, twenty-five cents, and the 
same for attending the jury therein. lb. c. 116, § 6. 

The fees for taking inquests on dead bodies shall be as 
follows, to be certified in the coroner's return, and paid 
out of the county treasury : 

To the coroner for granting a warrant and taking an in- 
quest on one body, one dollar ; if on more than one at the 
same time, whose death was caused by the same means, 
21 



322 



MAINE TOWNSMAN. 



twenty cents for each body after the first, and ten cents a 

mile for travel from his residence to the place of inquest. 

To the jm-ymen, seventy-five cents each for each day's 
attendance, and four cents a mile for travel each way. 

To the constable for his travel, and attendance, and ex- 
penses in summoning a jury, ninety cents a day. lb. § 7. 



CHAPTER XCVIII 



CONSTABLES. 



Constables, when chosen. 

Their duties. 

May serve writs and precepts. 

Form of bond. 

Remedy for their misdoings. 



6. Police officers of cities. 

7. Constables ex officio collectors of 

8. Their fees. 



1. Constables are to be chosen at the town annual 
meetings in March. R. S. c. 3, § 12. 

2. The duties and powers of a constable are various. 
He may be directed to warn town meetings, and, in the 
absence of the clerk, may preside for the choice of mode- 
rator. He may in certain cases- act as collector of taxes, 
disperse unlawful assemblages, arrest temporarily suspi- 
cious persons, serve coroners' warrants, commit persons to 
the house of correction by order of the overseers of the 
poor, and do all other acts necessary to preserve the jDcace 
and protect property. 

3. A constable may serve, execute, and return, upon 
any person in his town, or in an adjoining plantation, any 
process of forcible entry and detainer, or any writ or pre- 
cept in a personal action, when the damage claimed does 
not exceed a hundred dollars, including those in which a 
town, plantation, parish, religious society, or school dis- 
trict, of which he is a member, is a party or interested ; 
but before he serves any process, he shall give bond to the 
inhabitants of his town in the sum of five hundred dollars, 
with two sureties, approved by the municipal officers 
thereof, who shall indorse their approval on said bond in 
their own hands, for the faithful performance of the duties 
of his office, as to all processes by him served or executed; 
and for every process he serves before giving such bond, 



CONSTABLES. 323 

he §Jiall forfeit not less than twenty, nor more than fifty 
dollars, to the use of any person suing therefor. lb. c. 80, 
§ 50. 
4. The form of the constable's bond is as follows : 

Know all men by these presents, that we , of , 

in the county of , as principal, and , of said town, 

as sureties, are held and firmly bound to the inhabitants 

of the town of , in the sum of five hundred dollars ; 

to which payment, well and truly to be made, we bind 
ourselves, our heirs, executors, and administrators, by these 
presents. 

Witness our hands and seals, this day of -, 18 — . 

The condition of this obligation is such, that whereas 

said has been chosen a constable for said town for 

the year : now, if said shall well and faithfully 

perform all the duties of his said office, as to all processes 
by him served or executed, then this obligation to be 
void ; otherwise to remain in full force. 
Signed, sealed, and delivered ) 
in presence of ) 

A. B. ) (seal.) 
C. D. Y (seal.) 
E. F. ) (seal.) 

The form of indorsement of approval may be as follows : 

This certifies that •, the sureties named in the within 

bond, are, in our opinion, sufficient. 
Dated, . G. H.) 

'. K. y 



J. K. >- Selectmen of . 

L.M.) 

5. Persons injured by the neglects or misdoings of a 
constable may have the same remedy by preliminary 
action, and action on his bond, as is provided in case of a 
sherifi''s bond. lb. § 51. 

6. Police officers, duly appointed in any city, shall have 
all the powers of constables in all criminal matters, or re- 
lating to the by-laws of their city. lb. § 53. 

7. Constables are, ex officio, collectors of taxes, where 
no other person is distinctly and exclusively appointed as 
collector. 10 Mass. 105. 

8. The fees of constables for the service, travel, and re- 



824 MAINE TOWNSMAN. 

turn of each venire, shall be one dollar and fifty cents, to 
be paid out of the county treasury ; and for services which 
may be performed either by a deputy-sheriff or a consta- 
ble, the constable shall be allowed the same fees as a dep- 
uty-sheriff, unless otherwise provided by law. R. S. c. 
116, § 8. 



CHAPTER XCIX. 

SPECIAL DUTIES OF TOWN CLERKS. 



1. To record personal mortgages. 

2. Fees therefor. 

3. To record marriages, births, and 

deatlis. 

4. Record of certain attachments. 

5. Forms of record. 



6. An ex-clerk cannot amend his re- 

cord. 

7. Clerk may record his own election. 

8. When record cannot be amended. 

9. Clerk to count votes for moderator. 
10. Power to administer certain oaths. 



1. No mortgage of personal property shall be valid 
against any other person than the parties thereto, unless 
possession of such property is delivered to and retained 
by the mortgagee, or the mortgage is recorded by the 
clerk of the town or plantation, organized for any pur- 
j^ose, in which the mortgager resides. When all the 
mortgagers reside without the State, the mortgage shall 
be recorded in said town or plantation where the prop- 
erty is when the mortgage is made ; but if a part of the 
mortgagers reside in the State, then in the towns or plan- 
tations in which such mortgagers reside. A mortgage 
made by a corporation shall be recorded in the town 
where it has its established place of business. If any 
mortgager resides in an unorganized place, the mortgage 
shall be recorded in the oldest adjoining town or planta- 
tion., organized as aforesaid in the county. R. S.c.91,§ 1. 

2. ,The clerk, on payment of twenty-five cents, shall 
record all such mortgages delivered to him in a book kept 
for that purpose, noting therein, and on the mortgage, 
the time when it was received ; and it shall be consid- 
ered as recorded when received. lb. § 2. Such clerk 
may appoint a citizen of said town his deputy, who 
may, in the clerk's absence from his office, record mort- 
gages with the same effect as if done by the clerk. 



SPECIAL DUTIES OP TOWN CLEEKS. 325 

The appointment may be made in writing, as follows : 

I hereby appoint to perform the duties of 

town clerk as set forth in section two, of chapter ninety- 
one, of the revised statutes, in the town of , during 

my absence from the clerk's office. 

A. B., Clerk of the town of . 

Said deputy shall be sworn to faithfully perform the 
duties of his office before he enters thereon. lb. § 17. 

3. The clerk is to receive, for entering and recording 
intentions of marriage, giving certificate of same, and 
recording marriage on receiving the minister's or justice's 
certificate thereof, fifty cents, to be paid on issuing the 
certificate of intention of marriage ; for recording births 
and deaths, eight cents each ; for a certificate of a birth 
or death, ten cents ; for recording sheep marks, eight 
cents, lb. c. 116, § 23. 

4. When any personal property is attached, which by 
reason of its bulk or other special cause cannot be imme- 
diately removed, the officer may, within five days there- 
after, file in the office of the clerk of the town, in which 
the attachment is made, an attested copy of so much of 
his return on the writ, as relates to the attachment, with 
the value of the defendant's property which he is thereby 
commanded to attach, the names of the parties, the date 
of the writ, and the court to which it is returnable; and 
such attachment shall be as efiectual and valid, as if the 
property had remained in his possession and custody. 
The clerk shall receive the copy, and note thereon the 
time of his receiving it, and enter it in a book kept for 
that purpose, and keep it on file for the inspection of 
those interested therein, for which he shall be entitled to 
ten cents. When such an attachment is made in an un- 
incorporated place, such copy shall be filed and recorded 
in the office of the clerk of the oldest adjoining town in 
the county. lb. c. 81, § 26. 

5. Every record made by a town clerk, should state all 
the proceedings fully and truly, and should be signed by 
him, and attested thus : 

A true copy, attest : A. B., Town ClerJc of . 



826 MAINE TOWNSMAN. 

The form of a record of a town meeting : 

The town clerk should first record the warrant and re- 
turn thereof, and attest the same : 

Attest : A. B., Town ClerJc of . 

He should then record the proceedings of the meeting 
as follows : At a legal town meeting, duly notified and 

holden at , in the county of , the day of 

, the legal voters of said town, by major vote and by 

ballot, chose , moderator, who, being present, was 

duly sworn. 

Chose , town clerk, who, being present, was duly 

sworn. 

Chose [here insert all the town officers chosen by ballot^ 
or otherwise']. 

6. One who was formerly a town clerk, but is no longer 
in the office, cannot amend a town record made by him 
when town clerk. 13 Pick. 229. 

7. It is competent to one chosen town clerk to make a 
record of his own election and qualification. 13 Pick. 305. 

8. When the record of a town meeting, held the 1st of 
March, did not state that it was adjourned to the 2d, it 
was held that there was not legal proof of the election of 
a person chosen as town clerk on the 2d ; and that such 
person could not amend the record of the first meeting; 
and that parol evidence of an adjournment was inadmis- 
sible. 2 Pick. 397. 

9. It is incident to the duties of a town clerk to receive 
and count the votes given in for moderator of a town 
meeting. 9 Mass. 264. 

10. Town clerks have authority to swear town officers 
as well after the expiration of seven days fi'om the meet- 
ing at which they are chosen as within that time. 10 
Mass. 105. 



MARRIAGES, BIRTHS, DEATHS. 



327 



CHAPTER C. 



MARRIAGES, BIRTHS, DEATHS. 



1. Marriage proMbited within certain 

degrees of relationship. 

2. "White persons prohibited from in- 

termarrying with negroes, mu- 
lattoes, or indians. Insane per- 
sons and idiots incapable of con- 
tracting marriage. 

3. Bigamy prohibited. 

4. Intention of marriage to be record- 

ed, and how book of records to 
be labeled, and kept open to 
inspection. 
6. Clerk to give certificates to parties, 
to be presented to magistrate be- 
fore marriage begins; but none 
to be given to minors without 
written consent of parents or 
guardians, or to paupers. Pen- 
alty. 

6. Penalty for obtaining certificate 

by fraud, or marrying contrary 
to law. 

7. Residents going out of State for 

purpose of marriage, to tile cer- 
tificate with town clerk on re- 
turn. Penalty for neglect. 

8. Caution, with reasons therefor, 

may be filed with clerk when un- 
lawful marriage is supposed to 
be intended. In such case clerk 
to withhold certificate and noti- 
fy person filing caution. Two 
justices of the peace to decide on 
sufficiency of reasons after notice 
to both parties. 

9. Marriage in another State, with 

intent to evade the preceding 
provisions, void in this State. 
10, Marriages solemnized among quak- 
ers or friends in the form hereto- 
fore practiced in their meetings 
valid, and not affected by fore- 
going provisions . Clerk of meet- 
ing to deliver a list of such mar- 
riages to the clerk of his town 
once a year. Penalty for neglect. 



11. Justices of the peace, and ordained 

ministers and licensed preachers 
commissioned by the governor 
and council for that purpose, 
may solemnize marriages within 
certain limits. 

12. Ministers and preachers to hold 

office during the pleasure of the 
executive; commission to be 
conclusive evidence of being min- 
ister; when commission is re- 
voked, copy of revocation to be 
filed in clerk's office of county. 

13. Penalty for marrying persons in 

violation of the foregoing pro- 
visions. 

14. Penalty for marrying by persons 

not authorized. 

15. Persons authorized to solemnize 

marriages, to keep record and 
make return to town clerk each 
year. Penalty for neglect. 

16. Attested copy of such record to be 

received in all courts as evidence 
of marriage. 

17. Marriages valid notwithstanding 

informalities or want of authori- 
ty on the part of the person sol- 
emnizing same, if consummated 
in good faith by either of the 
persons married. 

18. Penalty for giving false certificate 

of intention. 

19. Town clerk to make annual returns 

of marriages to clerk of court. 

20. Town clerk to record marriages, 

births, and deaths, and make an- 
nual returns to secretary of State 
to be filed by him. 

21. Assessors to ascertain births and 

deaths, and return to town clerk; 
and parents and others to notify 
him of births and deaths. 

22. Forms. 



1. No man shall marry his mother, grandmother, daugh- 
ter, granddaughter, stepmother, grandfather's wife, son's 
wife, grandson's wife, wife's mother, wife's grandmother, 
wife's daughter, wife's granddaughter, sister, brother's 
daughter, sister's daughter, father's sister, or mother's 
sister; and no woman shall marry her father, grandfather, 



828 MAINE TOWNSMAN. 



son, grandson, stepfather, grandmother's husband, daughter's 
husband, granddaughter's husband, husband's father, hus- 
band's grandfather, husband's son, husband's grandson, 
brother, brother's son, sister's son, father's brother, or moth- 
er's brother. R. S. c. 59, § 1. 

2. No insane person or idiot shall be capable of contracting 
marriage. lb. § 2. 

3. All marriages, contracted while either of the par- 
ties has a former wife or husband not divorced, living, 
are void. lb. § 3. 

4. All residents of this State intending to be joined 
in marriage, shall cause notice of their intentions to be re- 
corded in the office of the clerk of the town in which each 
resides, at least five days before a certificate of such in- 
tentions is granted ; and if one only of the parties resides 
in the State, they shall cause notice of their intentions 
to be recorded in the office of the clerk of the town in 
which such party resides, at least five days before such 
certificate is granted ; and the book in which said record 
is made, shall be labeled on the outside of the cover, 
with the words "record of intentions of marriage," and 
be kept open to 2:>ublic inspection in the office of the 
clerk ; and if there is no such clerk in the place of their 
residence, the like entry shall be made with the clerk of 
an adjoining town. lb. § 4. 

5. The clerk shall deliver to the parties a certificate 
specifying the time such intentions were entered with 
him ; and it shall be delivered to the minister or magis- 
trate before he begins to solemnize the marriage ; but no 
such certificate shall be issued to a male under twenty- 
one, or a female under eighteen years of age, without the 
written consent of their parents or guardians first pre- 
sented, if they have any living in this State ; nor to a 
town pauper when the overseers of a town deposit a list 
of their paupers with the clerk ; and for any intentional 
violation of the foregoing prohibitions ; or for falsely 
stating the residence of either party named in such cer- 
tificate, such clerk shall be fined twenty dollars. lb. § 5. 

6. Whoever contracts a marriage, or makes false rep- 
resentations to procure such certificate or the solemniza- 
tion of marriage contrary to the provisions of this chapter, 
shall be fined one hundred dollars. lb. § 6. 

7. When residents of this State go into another State 
for the purpose of marriage, and it is there solemnized, 
and they return to dwell here, they shall file a certificate 
or declaration of their marriage with the clerk of the 
town i"^ which each of them then lived, within seven days 



MARRIAGES, BIRTHS, DEATHS. 329 

« 

after their return, under a penalty of ten dollars, to be 
recovered by any person suing therefor, one-half to his 
own use, and the other half to the use of the town where 
the forfeiture is incurred. lb. § 7. 

8. Any person believing that parties are about to con- 
tract matrimony, when either of them cannot lawfully do 
so, may file a caution and the reasons therefor, in the office 
of the clerk where notice of their intentions should be filed. 
Then if either party applies to the clerk to enter such 
notice, he shall withhold the certificate, and notify the 
person filing the caution, who shall, within seven days 
thereafter, unless the justices certify that a longer time is 
necessary, procure the decision of two justices of the 
peace, after notice to both parties, upon the sufficiency of 
such reasons, which shall be duly certified to said clerk, 
and he shall deliver or withhold the certificate accord- 
ingly. If the decision is against the sufficiency, the 
justices shall enter judgment against the applicant for 
costs, and issue execution therefor. lb. § 8. 

9. When residents of this State, with intent to evade 
the provisions of sections one, two, and three of this chap- 
ter, or of chapter sixty, and to return and reside here, go 
into another State or country, and there have their mar- 
riage solemnized, and afterwards return and reside here, 
such marriage shall be void in this State. lb. § 9. 

10. All marriages solemnized among the quakers or 
friends, in the form heretofore practiced in their meeting, 
shall be valid, and not affected by the foregoing pro- 
visions ; and the clerk or the keeper of the records of the 
meeting, in which they are solemnized, shall once every 
year deliver a list thereof to the clerk of his town, on 
penalty of forfeiting fifty dollars. lb. § 10. 

11. Every justice of the peace appointed for a county 
or for the State and residing therein ; and every ordained 
minister of the gospel, and every person licensed to 
j^reach by an association of ministers, religious seminary, 
or ecclesiastical body, duly appointed and commissioned 
for that purpose by the governor and council, may sol- 
emnize marriages within the limits of their appointment. 
The governor may appoint women otherwise eligible. 
lb. § 11. 

12. Such ordained or licensed minister shall hold his 
office during the pleasure of the executive; and the 



330 MAINE TOWNSMAN". 

commission shall be conclusive evidence that he is an 
ordained or licensed minister. lb. § 12. 

13. If any person commissioned as aforesaid, knowingly 
and willfully joins persons in marriage contrary to the 
provisions of this chapter, he shall forfeit the sum of one 
hundred dollars, two-thirds thereof to the use of the 
county where the offense is committed, and the other to 
the prosecutor, to be recovered by the county treasurer, 
or by the parent, guardian, or other person under whose 
immediate care and government either of the parties was 
at the time of such marriage ; and is forbidden from 
joining any persons in marriage after such recovery, 
lb. § 13. 

14. If any person thus forbidden, or any minister or 
other person not authorized to solemnize marriages, joins 
any persons in marriage, he shall be punished by confine- 
ment to hard labor in the State prison for a term not more 
than five years, or by fine not exceeding one thousand 
dollars. lb. § 14. 

15. Every person, commissioned as aforesaid, shall 
keep a record of all marriages solemnized by him, 
and, by the fifteenth day of each month, make return 
thereof for the preceding month, to the clerk of the 
town where the marriage is solemnized, certifying the 
names of the parties, the places of their residence, and 
the date of the marriage ; and for any neglect to do so, he 
shall forfeit the sum of fifty dollars, one-half to the use 
of the county, and the other to the use of the person suing 
therefor. lb. § 15. 

16. A copy of a record so made and kept, attested or 
sworn to by a justice of the peace, commissioned minis- 
ter, or town clerk, shall be received in all courts as evi- 
dence of the fact of marriage. lb. § 16. 

17. No marriage, solemnized before any known inhabi- 
tant of this State professing to be a justice of the peace, 
or an ordained or licensed minister of the gospel duly ap- 
pointed and commissioned, shall be void, nor shall its 
validity be affected by any want of jurisdiction or au- 
thority in the justice or minister, or by any omission or 
informality in entering the intention of marriage, if the 
marriage is in other respects lawful, and consummated 
with a full belief, on the part of either of the persons mar- 
ried, that they are lawfully married. lb. § 17. 

18. If any town clerk makes out and delivers to any 



MARRIAGES, BIRTHS, DEATHS. 331 

person a false certificate of the entry of the intention of 
matrimony, knowing it to be false in any particular, he 
shall be fined one hundred dollars or imprisoned six 
months in the county jail. lb. § 18. 

19. The clerk of every town shall return to the elerk of 
the judicial courts for his county, a transcript of all the 
records of marriages made upon his books during the 
year for which he was a clerk ; and said clerk of the courts 
shall record the same in a book to be kept for that pur- 
pose ; and be allowed therefor from the county treasury 
at the rate of twelve cents a page. lb. § 19. 

20. The clerk of every town shall record in a book kept 
for that purpose the marriages, births, and deaths occur- 
ring therein ; and by the second Monday of May, an- 
nually, shall make certified returns thereof to the secretary 
of State for the year ending the last day of March; and 
the latter shall receive and file them in his office. lb. § 
20. 

21. The assessors, while taking the inventory of the 
polls and estates annually, shall ascertain by inquiry the 
births and deaths during the year ending the last day of 
Marcli, and make return thereof to the town clerk by the 
last day of April ; and parents, householders, masters of 
work-houses, alms-houses, prisons, and vessels, shall give 
notice to the clerk of their town of the births, and deaths 
which take place in their families, houses, or vessels, and 
the elder person next of kin shall give notice of the death 
of his kindred. lb. § 21. 

22. No particular form of marriage is necessary. "We 
suggest the following as short and convenient : 

You, A. B. and C. D., having entered into an agree- 
ment to become husband and wife, and having produced 
to me a certificate according to law, will now please to 
join your hands. 

You now promise mutual fidelity in the relation of hus- 
band and wife, agreeably to the laws of God and man, so 
long as you both shall live. 

I now pronounce you husband and wife, married ac- 
cording to the laws of the State. Those whom God has 
joined together, let no man put asunder. 

The ibrm of a certificate of marriage is as follows : 



332 



MAINE TOWNSMAN, 



To all whom it may concern : 

This is to certify, that A. B. and C. D., both of E., in 
the county of F., and State of Maine, were joined in mar- 
riage, at E., an the day of , a. d. 18 — . 

By me, G. H., Justice of the Peace, 



CHAPTER CI. 



REFERENCE OF DISPUTES BY CONSENT OF PARTIES. 



1. What controversies may be referred ; 

powers of referees ; form of sub- 
mission ; not to be revoked but 
by consent. 

2. Submission of all demands, and of 

a specific demand. 

3. All referees must hear; a majority 

may decide ; may allow costs or 
not ; may swear witnesses. 



How and when report to be return- 
ed to court. 

Report accepted, rejected, or recom- 
mitted; exceptions; notice of 
new hearing; judgment on re- 
port ; writ of error to review it. 



1. All controversies which may be the subject of a per- 
sonal action, may be submitted to one or more referees, 
who shall have the same powers as those aj^pointed by the 
court; and the parties personally, or by attorney, may 
sign and acknowledge an agreement before a justice of 
the peace, though he is one of the referees, in substance as 
follows : 

Know all men by these presents, that of , 

in the county of , and of , in the coun- 
ty of , have agreed to submit the demand made by 

said , against said , which is hereunto annexed 

(and all other demands between the parties, as the case 
may be), to the determuiation of ; and judgment ren- 
dered on their report, or that of a majority of them, made 
to the supreme judicial court for the county of , with- 
in one year from this day, shall be final. And if either 
party neglects to appear before the referees, after proper 
notice given to him of the time and place appointed for 
hearing the parties, they may proceed in his absence. 

Dated this day of , in the year . 



iai 



FEES OF JUSTICES OF THE PEACE. 333 

Such agreement shall not be revoked without mutual 
consent ; but the parties may agree when the report shall 
be made, and vary the form accordingly. R. S. c. 108, § 1. 

2. If all demands between the parties are so submitted, 
no specific demand need be annexed to the agreement ; 
but if a specific demand only is submitted, it shall be an- 
nexed to the agreement and signed by the party making 
it, and so stated as to be readily understood. lb. § 2. 

3. All the referees must meet and hear the parties; but 
a majority may make the report, which shall be as valid 
as if signed by all, if it appears by the report, or certificate 
of the dissenting referee, that all attended and heard the 
parties. They may allow costs or not to either party un- 
less special provision is made therefor in the submission, 
but the court may reduce their compensation ; and any 
referee may swear witnesses. lb. § 3. 

4. The report shall be made to the court and within 
the time specified in the submission ; one of the referees 
shall deliver it into court, or it shall be sealed up and sent 
sealed to the court, and opened by the clerk. lb. § 4. 

5. The court may accept, reject, or recommit the report, 
and either party may file exceptions thereto ; if recom- 
mitted, the referees shall notify the parties of the time 
and place of a new hearing ; and when the report is ac- 
cepted, judgment shall be entered thereon as in case of 
submissions by rule of court ; and either party may bring 
a writ of error to reverse such judgment. lb. § 5. 



CHAPTER CII. 

FEES OF TEIA.L JUSTICES AND JUSTICES OP THE PEACE. 

For every blank writ of attachment and summons 
thereon, or original summons, ten cents. 

For every subpoena for one or more witnesses, ten cents. 

For the entry of an action, or filing a complaint in civil 
causes, including filing of papers, swearing of witnesses, 
examining, allowing, and taxing the bill of costs, and en- 
tering judgment and recording the same, thirty cents. 
For each continuance in a civil action, five cents. 



334 MAINE TOWNSMAN. 

For the trial of an issue, eighty cents, and wlien more 
than one day is used in the trial, two dollars for each day, 
after the first, actually employed. 

For a copy of a record or other paper, at the rate of 
twelve cents a page. 

For a writ of execution, fifteen cents. 

For a recognizance to prosecute an appeal, including 
principal and surety, twenty cents. 

For taking a deposition, affidavit, or disclosure of a 
trustee, in any cause uot pending before himself, twenty 
cents ; for writing the same with the caption, and for the 
notification to the parties and witnesses, at the rate of 
twelve cents a page ; the justice who takes such affidavit, 
deposition, or disclosure, shall certify the fees of himself, 
of the witnesses, or party disclosing, and of the officers 
serving the notifications. 

For taking a deposition in perpetual memory of the 
thing, the same fees as in taking other depositions. 

Administering an oath in all cases, except on a trial or 
examination before himself, and to qualify town and parish 
officers, and a certificate thereof, twenty cents, whether 
administered to one or more persons at the same time. 

Takino* the acknowleds^ment of a deed with one or 
more seals, if it is done at the same time, and certifying 
the same, seventeen cents. 

Granting a warrant of appraisal in any case, and swear- 
ing appraisers, thirty-two cents. 

For receiving a complaint, and issuing a warrant in 
criminal cases, fifty cents. 

For entering a complaint in a criminal prosecution 
swearing witnesses, rendering judgment, and recording 
the same, examining, allowing, and taxing the costs, and 
filing the papers, seventy-five cents. 

Recognizing persons charged with crimes for their 
appearance at the supreme judicial court, and for certify- 
ing and returning the same, with or without sureties, 
twenty-five cents, to be paid by the person so recognizing. 

For a mittimus for the commitment of any person on a 
criminal accusation, twenty-five cents. 

In case of a bastardy process, the fees may be charged 
as for like services in a criminal prosecution. 

Recognizance of debt and recording, forty-two cents. 

Drawing a rule for submission to referees, and acknowl- 
edging the same, thirty-three cents. 



INSPECTION OF LIME AND LIME CASKS. 



335 



Writ to remove a nuisance, tMrty-tliree cents. 

Calling a meeting of any corporation, fifty cents. 

For an examination of a debtor under the laws for the 
relief of poor debtors, two dollars for each day employed 
in such examination ; and this shall be full payment for 
all official services and expenses, in such examination, 
exclusive of travel. For travel on any official duty, 
twelve cents a mile one way. 

And in all cases, where the attendance of two or more 
justices is required, each of them shall be entitled to the 
fees prescribed for all services rendered by him personally. 
R. S: c. 116, § 2. 



CHAPTER cm, 



INSPECTION OF LIME AND LIME CASKS. 



1. Appointment and oath of inspectors. 

2. Lime shall be inspected and branded. 

3. Description of lime that may be sold 

or shipped. 

4. Penalty for inspector or deputy 

branding casks unlawfully. 



5. Penalty for attempting to sell or 

buy lime casks not conformable to 
law. 

6. Penalties, how recovered. 

7. Fees. 



,1. The governor with advice of council, when a va- 
cancy occurs in any town, shall appoint one resident citi- 
zen thereof, to be inspector of lime and lime casks therein. 



to hold his office for four 



years, 



unless sooner removed 



and he shall be duly sworn, and give bond with sufficient 
sureties for the faithful performance of his duties, before 
entering thereon, to the treasurer of his county in the fol- 
lowing sums : 

The inspector of Rockland, five thousand dollars ; of 
Thomaston and Camden, three thousand each, and of 
every other town, two thousand each, to be approved by 
the county commissioners ; and each inspector may ap- 
point in his town as many deputies as are necessary, for 
whom he shall be answerable, to be duly sworn and give 
bond to their principal for one thousand dollars with suf- 
ficient sureties. R. S. c. 39, § 1. 

2. It shall be the duty of each inspector, by himself or 
deputy, to inspect all lime manufactured in his town, with 
the casks therefor, at the time they are filled at the kiln 



336 MAINE TOWNSMAN-. 

where it is burnt ; see that in all respects the lime and 
casks conform to law ; and brand each cask, as herein pro- 
vided. All well burned, pure fine-grained lime, of a white 
or yellowish color, manufactured for the purpose of being 
shipped or sold, shall be contained in casks well filled, 
one head of which shall be branded with the name of the 
town or particular locality where the lime was burnt,with 
letters not less than one inch in length, the initials of the 
christian and the whole of the surname of the inspector 
or deputy, the word " inspected " and the figure " 1 " and 
the word "quality" in a legible manner. But instead 
of being branded, such marks of inspector may be made 
upon the casks with paint, if done in a suitable and legi- 
ble manner with letters of the above length. All black, 
dark, or impure lime manufactured for the purpose of be- 
ing shipped or sold, shall be contained in casks well filled 
and branded with the figure " 2 " and the word " quality " 
in a legible manner upon each cask. But no person is 
hereby deprived of the right to put up and brand lump 
lime, in the manner now practiced, if it is included in 
that first above named. lb. § 2. 

3. N'o lime manufactured in this State shall be sold, 
exposed for sale, or shipped on board any vessel in casks, 
but such as is contained in casks made of sound and sea- 
soned staves and headings, well fired on the inside, with 
at least eight good and strong hoops on each ; all of 
which hoops shall be of oak, ash, beech, birch, maple, 
cherry, or elm wood, well driven and secured with nails, 
and duly inspected and branded as provided in the pre- 
ceding section, the staves of said casks to be made of 
sawed or rift timber, not less than thirty inches in length, 
and half an inch thick on the thinnest edge ; each of the 
heads to be not less than three-fourths of an inch thick, 
and well crozed in ; each hoop to be not less than one 
inch wide in the narrowest part ; and each cask to be 
not less than twenty-six inches in length between the 
heads ; sixteen inches in width between the chimes, and 
eighteen inches in the clear on the inside at the bilge, at 
the time of inspection ; and made in a workmanlike 
manner to hold lime ; and before any lime is inspected 
the manufacturer thereof shall brand on the head of each 
cask; with letters not less than an inch in length, the first 
letter of his christian name and the surname at length 
with the letters " Man'r " ; and all lime casks shall be 
branded on the outside of the bilare with the initials of 



IXSPECTIOX OF LIME AND LIME CASKS. 337 

the christian and the whole of the surname of the man- 
ufacturer thereof. lb. § 3. 

4. Ko inspector or deputy shall brand any casks of 
lime, not inspected by him, or not conformable in all re- 
spects to the provisions hereof, nor j^ermit any other per- 
son unlawfully to use his brands ; and no person shall 
sell, expose to sale, lade or receive, on board any vessel, 
any lime in casks not made, inspected, and branded ac- 
cording to law; nor shift the contents of any lime cask 
branded as aforesaid, with intent to sell the same as in- 
spected, under a penalty of one dollar for each cask thus 
illegally dealt with ; and such inspector or deputy shall 
also be liable, in an action on the case, to any party for 
all the damages he sustains by such misdoings ; an i in 
case the misdoings are on the part of the deputy, the 
action may be against him or his principal. lb. § 4. 

5. No person shall sell, expose to sale, lade or receive 
on board any vessel lime in casks not made, inspected 
and branded according to law ; or sell, expose for sale, 
or purchase any lime cask not made in conformity to the 
provisions of section three, under a penalty of twenty 
cents for each cask ; and a lien is hereby created on all 
such casks for said penalty and costs, and if an attach- 
ment is made for said penalty within three months after 
it is incurred, it shall be good against all prior attach- 
ments or a sale by the owner ; and the casks may be sold 
on execution in such action as in common cases. lb. § 5. 

6. All the penalties before mentioned may be recov- 
ered by and to the use of any person suing therefor ; and 
when any judgment is recovered against any inspector or 
deputy for penalties or damages on account of any mis- 
doings in his office, and the execution issued thereon is 
returned unsatisfied, the creditor may avail himself of 
the benefit of the inspector's bond to the county treas- 
urer, who shall give him a copy thereof on request, in 
like manner as a judgment creditor of a sheriff or cor- 
oner may of the official bond of such officer given to the 
State treasurer. lb. § 6. 

7. Inspector'' !i Fees. For each cask inspected and branded, 
one-half of one mill, an:l two dollars and fifty cents for each 
day employed in inspscting; and in that proportion for any 
part of a day. 

Each inspe-^tor shall receive from his deputy one-half of one 
mill for each cask inspected and branded by the deputy. lb. 
c. 116, § 24 

22 



►38 MAINE TOWNSMAN. 



CHAPTER CIV 



INSPECTION OF POT AND PEAKL ASHES. 



1. Appointment and bond of inspector. 

2. Process of inspecting. 

3. Dimensions and materials of casks. 



4. Penalty for transporting ashes with- 

out inspection. 

5. Penalty for falsely branding. 

6. Fees for inspecting. 



1. The governor, with advice of council, when a va- 
cancy occurs, shall appoint some skillful person, removable 
at pleasure, to be inspector of pot and pearl .ashes for the 
State ; and he shall be duly sworn and give bond for three 
thousand dollars with sufficient sureties, to the treasurer 
of State, for the taithfal discharge of his duties, before en- 
tering thereon ; and he shall appoint deputies in every 
seaport town, whence pot and pearl ashes are exported, 
and in other necessary places, for whom he shall be an- 
swerable, to be duly sworn, and give bond to their princi- 
pal with sureties. R. S. c. 39, § 7. 

2. The inspector or his deputy shall, if necessary, sort 
■pot and pearl ashes into first sort, extra, first, second, and 
third sorts ; start the ashes out of the casks, and carefully 
try and inspect them ; put each sort by itself in tight new 
casks, well hooped an 1 coo])ered, which he shall distin- 
guish into the sorts aforesaid, with the words pot or pearl 
ashes, as the case m ly be, his name, the place where in- 
spected, and the word Maine, branded in plain letters on 
each cask; and at the same time weigh the cask and mark 
the weight with a marking iron on each head ; and if he 
unreasonably delays or refuses for the space of three hours, 
when applied to, to inspect any such casks, he shall forfeit 
five dollars. lb. § 8. 

3. Every cask, in which such ashes are packed for ex- 
portation, shall be made of sound and seasoned oak or 
white ash staves and heading, full bound, twenty-nine 
inches long, and nineteen inches diameter in the head ; 
and of such weight in proportion to its contents as will 
amount, as near as may be, to fourteen per cent tare there- 
on ; and every manufacturer of said ashes shall brand on 
each cask the initials of his christian and the whole of his 
surname, with the name of the town where manufactured, 



INSPECTION OF LEATHER, BOOTS, AND SHOES. 339 

before they are removed from the manufactory, under pen- 
alty of one dollar for each cask. lb. § 9. 

4. No person shall transport out of the State, or receive 
for transportation any such ashes, before they are in- 
spected and branded as aforesaid, under a penalty of 
twenty dollars for each offense ; and every inspector shall 
have the power to enter, with or without a warrant, on 
board any vessel within his limits, and seize, carry away, 
and secure for trial all unbranded ashes found therein, as 
forfeited property, to be proceeded against according to 
law ; and any person who obstructs him in said search and 
seizure, shall forfeit thirty dollars for each offense. lb. 
§10. 

5. If any person brands any cask of pot or pearl ashes 
manufactured by himself with the name of another; 
another's cask with his name ; or with the brand of an in- 
spector or his deputy, or in any way counterfeits any law- 
ful brand ; or shifts any such ashes from a cask lawfully 
branded, and puts in others for sale or exportation with- 
out first cutting out said brand, he shall forfeit two hun- 
dred dollars. lb. § 11. 

6. Inspector's Fees. — For inspecting and assorting, 
seven cents per hundred pounds; for coopering and nail- 
ing each cask, and putting the same in shipping order, 
eight cents, to be paid by the purchaser. 

The inspectors shall not receive from their deputies 
more than seven and a half per cent on the fees for in- 
specting, nor any part of the sum allowed for coopering, 
lb. c. 116, § 22. 



CHAPTER CY. 

INSPECTION OF LEATHER, BOOTS, AND SHOES. 

1. Manufacturer may stamp his name. | 3. Mode of inspecting and stamping. 

2. Appointment of inspectors. 1 

1. Every manufacturer of leather, and of boots and 
shoes, of any description, shall have the exclusive right of 
stamping them with the initials of his christian, and the 
whole of his surname ; and such stamping shall be con- 
sidered a warranty that the article is merchantable, and 



340 MAINE TOWNSMAN. 

well made of good materials ; and if any person fraudu- 
lently stamps any such articles with the name or stamp 
of any other person, he shall be punished by a fine not 
exceeding twenty dollars, or imprisonment not exceeding 
six months. R. S. c. 39, § 25. 

2. The municipal officers of each town, when they 
deem it expedient, may appoint one or more suitable in- 
spectors of sole leather, who shall be duly sworn, and 
receive such fees from their employer, as said officers es- 
tablish ; and when paid by the seller, to be repaid to him 
by the buyer ; and when requested, shall go to any place 
in their town to inspect any sides of sole leather, which 
had not been inspected according to law in this State. 
lb. § 26. 

3. Each inspector shall provide himself with a proper 
apparatus, with which he shall weigh and stamp every 
side of sole leather inspected by him, with the weight 
thereof, his surname, and the name of his town ; and on 
all sole leather made of good hides, and in the best man- 
ner, the word " best," shall be stamped ; on all made of 
such hides in a merchantable manner, the word " good ; " 
and on all other, the word " second," or " third quality," 
" damaged," or " bad," according to the fact ; if any per- 
son counterfeits, alters, or defaces such mark, he shall for- 
feit twenty dollars for each offense. lb. § 27. 



INSPECTION OF FISH. 



341 



CHAPTER CVI 



INSPECTION OF FISH. 



1. Inspectors, how appointed. 

2. " to give bond. 

3. Shall make returns, when. 

4. Misdoings, remedy for. 
6. Duty of inspectors. 

6. Quality of casks, &c. 

7. Small fish, how packed, &c. 

8. Fees for inspection. 

9. Boxes for smoked herring. 



10. Owners to furnish brand. 

11. Uninspected or damaged fish. 

12. Master to furnish certificate, 

when. 

13. Exporting uninspected or dam- 

aged fish, penalty. 

14. Intermixing inspected fish.penalty. 

15. Penalties, how recovered. 

16. Inspector's fees. 



1. In each town, where pickled fish are cured or 
packed for exportation, the governor, with the advice 
and consent of council, shall, from time to time, as occa- 
sion requires, appoint one or more persons skilled in the 
quality of the same, to be inspectors of fish, who shall 
hold their ofiice for five years, unless sooner removed by 
the governor and council. R. S. c. 40, § 1. 

2. Every such inspector, before entering upon his 
duties, shall be sworn, and give bonds with sufiicient 
sureties to the treasurer of the town for which he is 
appointed, to the satisfaction of the municipal ofiicers 
thereof, in the penal sum of not less than five hundred 
nor more than five thousand dollars, for the faithful per- 
formance of his oflScial duties. lb. § 2. 

3. Every inspector shall by the tenth day of Decem- 
ber annually, make a return into the office of secretary 
of State, of all the fish inspected by him during the year 
preceding the first day of said December, designating 
the quantities, kinds, and qualities of pickled fish, and 
the secretary shall publish the same immediately after in 
the State paper. lb. § 3. 

4. Any person injured by the neglect or misdoings of 
any inspector, on tendering to such treasurer a reasona- 
ble indemnity against the costs, shall be entitled to bring 
an action on such inspector's bond, in the name of the 
treasurer, for his own use, and to have a copy of the 
bond therefor ; and, if judgment is rendered thereon for 
the plaintiff, execution shall issue for the sum found due 
to such person, and it shall be entered by the clerk of the 



.342 MAINE TOWNSMAN". 

court on the original bond, to remain in the custody of 
the treasurer. lb. § 4. 

5. Every inspector who inspects any kind of fish, split 
and pickled for barreling, shall see that they are in the 
first instance well struck with salt or pickle, and pre- 
served sweet, free from rust, taint or damage ; and such 
of said fish as are of good quality and in good order, 
shall be pickled in tierces, barrels, half ban-els, quarter 
barrels, and tenths of barrels, or kids ; each tierce con- 
taining three hundred pounds ; each barrel two hundred 
pounds, and so in that proportion ; and the same shall be 
packed in good, clean, coarse salt, sufficient for their 
pi-eservation ; and each cask shall then be filled with 
clear, strong pickle and headed up ; and shall be branded 
by the inspector with the name and quality of the fish 
therein. Mackerel of the best quality, not mutilated, 
measuring not less than thirteen inches from the extrem- 
ity of the head to the crotch of or fork of the tail, free 
from rust, taint, or damage, shall be branded number one. 
The next best quality, being not less than eleven inches, 
measuring as aforesaid, free from rust, taint, or damage, 
shall be branded number two. Those that remain after 
the above selections, free from taint or damage, and not 
less than thirteen inches, measuring as aforesaid, shall be 
branded number three large. Those of the next inferior 
quality, free from taint or damage, not less than ten 
inches in length, as aforesaid, shall be branded number 
three. All other mackerel free from taint or damage, 
shall be branded number three small. The inspector 
shall also brand in plain letters on the head of every 
such cask the weight, the initials of christian name and 
the whole of his surname, the name of his town, and the 
letters ME., an abridgement of the month, and the year, 
in figures, when packed. lb. § 6. 

6. All tierces, barrels, or casks, used for the purpose of 
packing pickled fish, shall be made of sound, well-seasoned 
white oak, white ash, spruce, pine, or chestnut, staves of 
rift timber, with headings of either of such kinds of 
wood, sound, well planed and seasoned, and the heads, if 
of pine, free from sap ; the same to be well hooped with 
at least three strong hoops on each bilge, and three also 
on each chime; the barrel staves to be twenty-eight 
inches in length, and the heads to be seventeen inches 
between the chimes, and made in a workmanlike manner 



INSPECTION OF FISH. 843 

to hold pickle ; and branded on the side near the bung 
with the name of the maker or owner thereof. The 
tierces shall contain not less than forty-five nor more 
than forty-six gallons each ; the barrels from twenty-nine 
to thirty gallons each ; and the aliquot parts of a barrel 
in the same proportion. lb. § 7. 

7. All small fish usually packed whole with dry salt, 
shall be put in good casks of the size and materials afore- 
said, packed closely therein, and well salted ; the casks 
to be filled full with the fish and the salt ; putting no 
more salt with the fish, than is necessary for their pres- 
ervation; and the inspector shall brand all such casks 
with the name and quality of the inspected fish as afore- 
eaid. lb. § 8. 

8. The fees for inspection and branding, exclusive of 
cooperage, are for each barrel seven cents, and all such 
fees shall in the first instance be paid by the oiiginal 
owners of the fish, who may recover the amount thereof 
from the party buying or receiving the same, under the 
marks and brands aforesaid, and in addition to the price 
thereof. lb. § 9. 

9. All boxes for packing smoked herrings shall be 
made of sound boards, sawed and seasoned ; the top, bot- 
tom, and sides, of boards not less than three-eighths of an 
inch thick, and the ends of boards three-quarters of an 
inch thick, securely nailed ; and sixteen inches in length, 
eight inches in breadth, and five inches in depth, by out- 
side measurement; provided, that any change in the 
dimensions above named shall not operate to reduce their 
capacity, which shall not be less than four hundred and 
sixty-four cubic inches in the clear for each box ; and 
each box shall be filled with the same kind and quality of 
fish. lb. § 10. 

10. The owner of all smoked and pickled fish, except 
smoked herring, when required by the inspector, shall 
furnish a brand containing the initials of his christian, 
and the whole of his surname, for stamping the casks 
and boxes containing such fish. lb. § 11. 

11. If any person sells in this State, or exports there- 
from any fish in casks or boxes, not inspected, packed, 
and branded, as aforesaid, or any tainted or damaged 
fish, known to be such, except good and wholesome fish- 
packed in kegs of less than ten gallons, or pickled, dry, 
or smoked fish imported into this State from some other 



344 MAINE TOWNSMAN. 

State or country, lawfully inspected and branded there, 
he shall forfeit ten dollars for every hundred weight thus 
sold or exported. lb. § 12. 

12. No pickled fish in casks, and no smoked alewives 
in boxes, shall be shipped from this State, unless the 
master or owner of the vessel produces to the officer 
authorized to clear the same, a certificate from the in- 
spector, that the same have been inspected, packed, and 
branded according to law ; and the certificate shall ex- 
press the number of tierces or casks, and the number of 
boxes, thus shipped, the kind and quality of fish they 
contain, the name of the master and owner, and that of 
the vessel, into which such fish are received for exj^orta- 
tion; and shall take and subscribe the following oath, 
before the officer as aforesaid : 

*' I, A. B., do swear, according to the best of my knowl- 
edge and belief, that the certificate hereunto annexed, 
contains the whole quantity of pickled fish packed in 
barrels or other casks, and of smoked alewives and her- 
rings, on board the , , master ; and that no 

pickled fish, or smoked alewives, are shipped on board 
said vessel for the ship's company, or on freight or cargo, 
but what are inspected and branded according to the 
laws of this State, or exempted by the provisions thereof. 
So help me, God. lb. § 13. 

13. If any person lades or receives on board any ves- 
sel or other carriage, for transportation from this State, 
any pickled fish, or cured or salted whole fish, packed or 
not packed, not inspected and branded as aforesaid, ex- 
cept such as are described in the exception of section 
thirteen, he shall forfeit at the rate of not less than five, 
nor more than ten dollars for every hundred pounds 
thereof ; and any justice of the peace may issue his war- 
rant to the proi^er officer, directing him to seize and se- 
cure any such prohibited fish, and convey it to any in- 
spector within a convenient distance for inspection ; and 
every person refusing to give necessary aid in the service 
of such warrant, when required by the officer, shall for- 
feit five dollars to the person suing therefor in an action 



INSPECTION OF FISH. 345 

of debt ; and such inspector shall open, inspect, pack, 
and brand such fish according to law, and detain the 
same till all lawful charges of seizure and inspection are 
paid. lb. § 14. 

14. If any person takes from a cask or box any pickled, 
cured, or smoked fish, lawfully inspected and branded, 
and substitutes therefor or fraudulently intermixes other 
fish ; or any inspector marks any cask or box out of his 
town, or which he has not inspected,packe d, and pre- 
pared himself according to law ; permits other persons 
unlawfully to use his brands ; or willfully and fraudu- 
lently uses the same himself after the expiration of his 
commission, he shall forfeit twenty dollars for each cask 
or box so dealt with. lb. § 15. 

15. All the penalties aforesaid, not otherwise herein 
appropriated, may be recovered in an action of debt, half 
to the use of the person suing therefor, and half to the 
town where the offense is committed. lb. § 16. 

16. Inspector's Fees. — For each certificate of exporta- 
tion, seventeen cents ; for inspecting and branding each 
tierce, ten cents ; each barrel, seven cents ; each box of 
alewives, one cent ; exclusive of the labor and expense of 
coopering ; all of which shall be paid by the seller. R. S. 
c. 116, § 24. 



FISHEELES. 



347 



CHAPTER CVII. 



riSHEEIES. 



1. Penalty for non-residenta taking 

certain fish in any way. 

2. Permits to take shell-fish, menha- 

den, and lobsters, for certain srlm 
and with limitations. 

3. All craft and apparatus employed 

in unlawful fishing Liable to 
seizure. 

4. Any inhabitant may, by consent, 

plant oyster beds, and have ex- 
clusive right to take the same. 

5. Application of the following sec- 

tions. 



16. Penalties for violating certain sec- 

tions. 

17. Penalty for selling trout, etc., dur- 

ing close time. 

18. Having possession of certain fish, 

guilty, when. 

19. Use of Weir, etc., prohibited. 

20. Introduction of certain fish pro- 

hibited. 

21. Fish for science. 

22. Same subject. 

23. Penalties. 

24. How recovered. 



6. Definition of terms used in this j 25 



chapter. 

Commissioner of fisheries to be ap- 
pointed. 

Fish ways. 

Penalty for not complying with or- 
der of commissioner. 

Commissioner to prescribe time 
when fishways shall be opened. 

11 . Pepairs and alteration of tishways. 

12. Fish-wardens to be appointed. 

13. Where dam is owned by more 

than one. 

14. Limits of stationary fixtures. 

15. Limit of depth for "weirs. 



10 



Duty of constables. 

26. Implements may be seized, when. 

27. Commissioners may delegate pow- 

ers. 

28. Certain waters exempt. 

29. Same subject. 

30. Riparian proprietors, rights of. 

31. Artificial culture. 

32. Same subject. 

33. Introducing certain fish unlawful- 

ly, penalty. 

34. Offal in rivers, penalty. 

35. Fish seized, returned on bond. 

36. Herring for canning. 

37. Lobsters, close time. 

38. Same subject. 



1. No person, not a resident of this State, shall set or 
use any net, weir, seine, or other machine, in any of the 
waters of the State, for the purpose of taking salmon, 
shad, mackerel, shell-fish, lobsters, herrings, alewives, men- 
haden, or porgies ; nor shall residents set or use any seine 
for the purpose of taking mackerel, menhaden, or porgies ; 
but a net for meshing menhaden of only one hundred and 
twenty-five meshes deep, shall not be deemed a seine; nor 



348 MAINE TOWNSMAN. 

shall any person take, or otherwise willfully destroy any 
shell-fish, or obstruct their growth in their beds ; or set 
any net crosswise of said waters but only lengthwise, un- 
der a penalty of not less than twenty, nor more than five 
hundred dollars; except as hereinafter provided. R. S. 
c. 40, § 19. 

2. The municipal officers of towns may grant written 
permits to residents of the State, to take, within their 
towns, shell-fish, menhaden, or porgies, and to those not 
residents, to take the same and also lobsters, on the pay- 
ment of an agreed sum for the use of their town, specifying 
therein the quantity to be taken, or the time to fish, the 
number of persons to be employed, and the purposes for 
which the fish may be used ; but without any such permit 
any inhabitant within his own town, may take shell-fish, 
except in June, July, and August, for the consumption of 
his family; and any fisherman may take, anywhere, such 
fish, except oysters in said three months, suitable for bait, 
and necessary for his use, not exceeding seven bushels in 
the shell. lb. § 20. 

3. All vessels, boats, craft, and apparatus of every kind, 
employed in unlawful fishing, or having on board any 
such fish unlawfully taken, shall be -liable for any fines 
and costs herein provided for ; and any person may seize 
and detain said property not exceeding twenty-four hours, 
in order that it may be attached, and taken by due process 
of law to satisfy any judgment that may be recovered ; but 
it shall, at any time, be released on payment, by the owner 
or master, of the fine, costs, and reasonable expenses. lb. 
§21. 

4. Any inhabitant of this State, by obtaining the con- 
sent of the adjacent riparian proprietors, may plant oysters 
below low-water mark, in any of the navigable waters of 
the State, in places where there is no natural oyster bed; 
inclose such ground with stakes, set at suitable distances, 
and extending at least two feet above high-water mark, 
but so as not to obstruct the free navigation of such wa- 
ters, and have the exclusive right of taking such oysters ; 
and if any person trespasses on such inclosure, or in any 
way injures such oyster beds, he shall be liable in an action 
of trespass for all the damage ; or if he takes any oysters 
therein without the consent of the owner, he shall forfeit 
not exceeding fifty dollars, or be confined in jail not ex- 
ceeding three months. lb. § 28. 



FISHERIES. 349 

5. The provisions of the following sections shall apply- 
to all the fresh waters of this State above the flow of the 
tide, and to all the tidal waters frequented by the various 
species of' fresh water and migratory fishes, excepting to 
the capture of salmon, shad, and alewives in Denny's river 
and its tributaries, and Pinmaguan river and its tributa- 
ries, and to the taking of white perch in tide waters, or 
in the stream between Grand lake on the St. Croix wa- 
ters and Syslodobsis lake, known as Dobsis stream, or 
within two hundred yards of the head and mouth of said 
stream. lb. § 29. 

6. For the purpose of said following sections the term 
"salmon" shall mean the common migratory salmon of 
the sea-coast and rivers; the term "landlocked salmon" 
shall mean any of the species or varieties of salmon that 
do not periodically and habitually run to the sea, being 
the same that are locally known as "salmon trout" and 
"black-spotted trout"; the term "alewife" shall mean the 
small species of migratory fish commonly called "alewife," 
but known also by the local names of "herring" and"gas- 
pereau," and shall also include the similar species found in 
tidal waters and known as "blue-back"; the term "bass" 
shall mean the striped bass of the tidal waters. lb. § 32. 

7. The governor, with the advice of the council, shall 
appoint one or two persons to be commissioners of fisher- 
ies, who shall hold ofiice for three years, unless sooner 
removed, and have a general supervision of the fisheries 
regulated by the following sections. 

He shall examine dams and other obstructions existing 
in all rivers and streams in the State and determine the 
necessity of fishways, and the location, form, and capac- 
ity thereof ; shall visit those sections where fisheries reg- 
ulated by this chapter are carried on, and examine into 
the working of the laws ; shall introduce and dissemi- 
nate valuable species of fish ; and perform all other du- 
ties prescribed by law. He shall report annually on or 
before the thirty-first day of December to the governor, 
who shall cause three thousand copies of each report to 
be printed. lb. § 23. 



350 MAINE TOWNSMAN. 

8. Every dam or other artificial obstruction in any 
river or stream naturally frequented by salmon, shad, or 
alewives, shall be provided by the owner or occupant 
thereof with a durable and efficient fishway, of such 
form and capacity and in such location as may be deter- 
mined by the commissioner of fisheries, by written no- 
tice to such owner or occupant. It shall also be incum- 
bent on the owner or occupant of the dam to keep the 
fishway in repair, and open, and free from obstruction 
for the passage of fish during such times as may be pre- 
scribed by law ; provided that in case of a disagreement 
between the commissioner of fisheries and the owner of 
any dam as to the propriety and safety of the plan sub- 
mitted to the owners of such dam for the location and 
construction of the fishway, such owner may appeal to 
the county commissioners of the county where the dam 
is located, if he does so within twenty days after notice 
of the determination of the commissioner, and not oth- 
erwise, and at the request of the commissioner or appel- 
lant, the senior commissioners in office of any two ad- 
joining counties shall be associated with them, who shall 
appoint a time to view the premises and hear the parties, 
and shall give due notice thereof ; and after such hear- 
ing they shall decide the question submitted, and cause 
record to be made thereof, and their decision shall be 
final as to the plan and location appealed from. If they 
decide against the owner, their cost shall be paid by him ; 
otherwise, by the county. lb. § 34. 

9. If a fishway thus required to be built is not com- 
pleted to the satisfaction of the commissioner within the 
time specified, any owner or occupant shall forfeit a sum 
not exceeding one hundred nor less than twenty dollai-s 
for every day between the first day of May and the first 
day of November, during which such neglect continues. 
lb. § 35. 

10. On the completion of any fishway to the satisfac- 
tion of the commissioner, or at any subsequent time, he 
shall prescribe in writing the time during which the same 
shall be kept open and free from obstruction to the pas- 
sage of fish each year, and a copy thereof shall be served 
on some owner or occupant of the dam. The commis- 
sioner may afterwards change the time as he sees fit. 
Unless otherwise provided, a fishway sliall be kept open 
and unobstructed from the first day of May to the fif- 



FISHERIES. 351 

teenth day of July, of each year. The penalty for neg- 
lecting to comply with the provisions of this section or 
any regulations made in accordance herewith, shall be 
not less than twenty nor more than one hundred dol- 
lars for each day that said neglect continues. lb. § 36. 

11. In case the commissioner finds any fishway out of 
repair or needing alterations, he may, as in the case of 
new fishways, require the owner or occupant to make such 
repairs or alterations; and all the proceedings in such 
cases and the penalty for neglect, shall be as jDrovided in 
the three preceding sections. lb. § 37. 

12. The governor with the advice of the council may 
appoint wardens wherever the same may be necessary, 
who shall enforce the provisions of all public laws relat- 
ing to game and fisheries, arrest all violaters thereof, and 
prosecute all offenses against the same ; they shall have 
the same power to serve criminal processes against such 
offenders, and shall be allowed the same fees as sheriffs 
for like services ; they shall have the same right as sher- 
iffs and their deputies to require aid in executing the du- 
ties of their office ; and whoever refuses or neglects to 
render such aid when required, forfeits ten dollars, to be 
recovered upon complaint. Fish wardens shall hold of- 
fice for three years, unless sooner removed. lb. § 40. 

13. If the dam is owned or occupied by more than 
one person, each is liable for the cost of erecting and 
maintaining such fish-way, in proportion to his interest 
in the dam, and if any owner or occupant neglects or re- 
fuses to join with the others in erecting or maintaining 
such fish-way, the other owners or occupants shall erect 
or repair the same, and have an action on the case against 
such delinquent for his share of the expenses. lb. § 38. 

14. There shall be between the first day of April and 
the fifteenth day of July each year, a weekly closetime 
of forty-eight hours, from sunrise on each Saturday 
morning to sunrise on the following Monday morning, 
during which no salmon, shad, alewives, or bass, shall be 
taken from the waters covered by the provisions hereof. 
During the weekly closetime all seines, nets, and other 
movable apparatus, shall be removed from the water. 
Every weir shall have, in that part thereof where the 
fish are usually taken, an opening three feet wide, ex- 
tending from the bottom to the top of the weir, and the 
netting or other material which closes the same while 



352 MAINE TOWNSMAN. 

fishing, shall be taken out, carried on shore, and there 
remain during the weekly closetime, to the intent that 
during said weekly closetime the fish may have a free 
and unobstructed passage through such weir or other 
structure, and no contrivance shall be placed in any part 
of such structure which shall tend to hinder such fish. 
In case the inclosure where the fish are taken is fur- 
nished with a board floor, an opening extending from the 
floor to the top of the weir shall be held equivalent to 
extending from the bottom to the top. The penalty for 
the violation of this section shall be twenty dollars for 
each offense. This section does not apply to the Kenne- 
bec, Androscoggin, or Penobscot rivers or their tributa- 
ries, or to the St. Croix river, below the breakwater, at 
the ledge. lb. § 43. 

'No weir, hedge, set-net, or any other contrivance 
for the capture of fish, which is stationary while in use, 
shall extend into more than two feet dej^th of water at 
ordinary low water, under a penalty of not more than 
one hundred nor less than fifty dollars, and forfeiture of 
all apparatus and material so unlawfully used. This pro- 
vision shall apply to any seine or drift-net that shall at 
any time be attached to a stationary object, but shall not 
apply to fykes or bag-nets used in the winter fishery for 
smelts and tomcods, nor to any implements that may be 
lawfully used in waters above the flow of tide, nor to 
any portion of the Penobscot river bay, or tributaries, 
lb. § 68. 

15. The limit of depth prescribed for weirs in the pre- 
ceding section shall be measured at the entrance of the 
weir, provided^ that no part of such weir known as the 
leader, is in more than two feet of water at low water 
mark. Weirs may exceed the limit of two feet depth, 
measured as aforesaid, under the following conditions, 
namely : first, the distance from the before mentioned 
two feet limit, to the entrance of such weir, shall not ex- 
ceed one hundred feet; second, no such weir shall ob- 
struct more than one-eighth of the width of the channel; 
third, every such weir shall be stripped so as to render it 
incapable of taking fish on and after the twenty-fifth day 
of June ; but these conditions apply only to weirs that 
exceed the aforesaid limit of depth. lb. § 69. 

16. No person shall take, catch, kill or fish for, in any 
manner, any land-locked salmon, trout or togue, in any of 



FISHERIES. 353 

the waters aforesaid, between said first days of October ^ 

and the following May, nor in the St. Croix river and its 
tributaries, between the fifteenth day of September and 
the first day of the following May ; or black bass, Oswego 
bass or white perch between the first days of April and 
July, under a penalty of not less than ten nor more than 
thirty dollars, and a further fine of one dollar for each 
fish thus caught, taken or killed. Provided, hoioever^ 
that during February, Marcli and April, citizens of the 
state may fish for and take land-locked salmon, trout and 
togue, and convey the same to their own homes, but not 
otherwise. lb. § 48. 

17. No person shall sell, expose for sale or have in 
possession with intent to sell, or transport from place to 
place, any land-locked salmon, trout or togue, between 
the first days of October and the following May ; or any 
black bass, Oswego bass or white perch, between the first 
days of April and July, under a penalty of not less than 
ten nor more than fifty dollars for each offense. lb. § 49. 

18. Any j^erson having in possession, except alive, any 
land-locked salmon, trout or togue, between the first days 
of October and the following May, or any black bass, 
Oswego bass or white perch, between the first days of 
April and July, or who transports from place to place 
within the State any land-locked salmon, trout or togue, 
between the first days of October and May following, or 
black bass, Osweiro t3ass or white perch, between the first 
days of April and July, shall be deemed to have killed, 
caught or transported the same contrary to law, and be 
liable to the penalties aforesaid. lb. § 60. 

19. No weir, hedge, trap, trawl, or any net other than 
a dip net shall be used for the capture of any fresh-water 
fish under a penalty of not more than fifty nor less 
than ten dollars, and a further penalty of one dollar for 
every fish so taken. And such structure or implement 
used in any fresh water above the flow of the tide, shall 
be deemed to be used in violation of this section unless 
it shall be shown to be authorized by some special act, or 
to have been used in a bona fide fishery for salmon, shad, 
or alewives. lb. § 70. 

20. No mascallonge, pickerel, pike, sunfish or bream, 
yellow perch, or black bass shall be introduced, by means 
of the live fish, or spawn, to any waters where they do 
not now severally exist, except as hereinafter provided, 



354 MAINE TOWNSMAN. 

under a penalty of not more than two hundred nor less 
than fifty dollars. lb. § 67. 

21. The commissioner of fisheries may take fish of 
any kind at such time and place and in such manner as 
he may choose, for the purposes of science and of culti- 
vation and dissemination ; and he may grant permits to 
other persons to take fish for the same purposes, and 
may introduce or cause or permit to be introduced any 
kind of fish to any waters he may see fit. lb. § 60. 

22. The commissioner of fisheries may set apart any 
waters for the j^urpose of cultivation of fish ; and after 
three weeks' notice, published in the paper in the coun- 
ty where such waters are located, no person shall take 
or kill any fish therein under a penalty of not more than 
one hundred nor less than ten dollars, and a further pen- 
alty of one dollar for each fish so taken or killed. lb. 
§43. 

23. All boats, implements, and materials used in vio- 
lation of this chapter, and all fish taken in violation of 
the same, shall be forfeited. lb. § 71. 

2-1. All fines and forfeitures provided for herein, may 
be recovered before any competent tribunal by complaint, 
indictment, or action of debt. In cases where the of- 
fense is committed in any river or stream, pond or lake, 
forming a boundary between two counties, or in any lake 
or other body of standing water lying partly in two or 
more counties, the action may be brought in either 
county. lb. § 67. 

25. It shall be the duty of constables and police offi- 
cers to prosecute for all offenses against this chapter that 
come to their knowledge. lb. § 66. 

26. Any fish-warden, constable, or police ofl5cer, may 
seize any implement used in illegal fishing, and may ren- 
der any weir, built or maintained contrary to law, inca- 
pable of taking fish. lb. § 68. 

27. The commissioner of fisheries can delegate to any 
fish-warden or other lawful officer of fisheries any of the 
powers given to said commissioner in relation to the con- 
struction of fishways. lb. § 72. 

28. That portion of the St. John river and its tributar 
ries lying above Grand Falls, in New Brunswick, shall be 
exempt from all the provisions of this chapter. lb. § 30. 

29. The following waters and their tributaries are 
exempt from the operation of the provisions of this chap- 



FISHEEIES. 355 

ter relating to the migratory fishes, and the supervision 
of fishways by the commissioners, that is to say : Royall's 
river in North Yarmouth ; Sewall's pond or its outlet in 
Arrowsic ; Nequasset stream in Woolwich ; Damariscotta 
river, west of railroad bridge ; Duck-trap stream in Lin- 
colnville and Belmont ; the Eastern Penobscot river in 
Orland ; Winslow's and Leach's streams in Penobscot ; 
all waters in Vinalhaven, Bluehill, Tremont, Mount Desert, 
Eden, Franklin, and Sullivan ; Tunk river in Steuben ; 
Pleasant river in Washington county; East Machias 
river, and Cobscook or Orange river in Whiting. lb. § 31. 

30. Any riparian proprietor may, within the limits of 
his own premises, inclose the waters of a stream not nav- 
igable, for the cultivation of useful fishes ; provided he 
furnishes suitable passages for migratory fishes naturally 
fi'equenting such waters, and does not obstruct the passage 
of boats and other craft and materials in places where 
the same have a right to pass. lb. § 62. 

31. Any person legally engaged in the artificial culture 
and maintenance of fishes, may take them in his own 
waters as and when he pleases, and may at all times sell 
them for these purposes, but shall not sell them for food 
at seasons when the capture of such fish is prohibited by 
law. lb. § 63. 

32. Whoever fishes in that portion of a pond, stream, 
or other water in which fishes are lawfully artificially cul- 
tivated or maintained as aforesaid, without the j^ermission 
of the proprietor, shall forfeit not more than one hundred 
nor less than ten dollars, and two dollars for every fish so 
taken. lb. § 65. 

33. Whoever introduces fish of any kind, except trout, 
fresh and salt water salmon, fresh water smelts, blue- 
back trout, and minnows, by means of live fish or other- 
wise, into any waters now frequented by trout or salmon, 
except as hereinafter provided, forfeits not less than fifty 
nor more than five hundred dollars. lb. § 58. 

34. Any person who shall cast or deposit, or cause to 
be thrown or deposited into any of the navigable waters 
of this State, any pumice, scraps, or other offal arising 
from the making of oil or slivers for bait from menhaden 
or herring, shall pay a fine of not less than fifty, nor more 
than one thousand dollars for each offense. lb. § 73. 

35. Any person whose fish has been seized for viola- 
tion of a fish law, shall have such returned to him on his 



356 MAINE TOWNSMAN. 

giving to the officer, a bond with sufficient sureties, resi- 
dents of the State, in double the amount of the fine for 
the same; conditioned, that if the final judgment is 
guilty, he will, within thirty days thereafter pay such 
fine and costs. If he neglects or refuses to give such 
bond and to take the fish so seized, he shall have no ac- 
tion against the officer for such seizure or loss thereof, 
lb. § 59. 

36. Whoever catches, takes, preserves, sells, or offers 
for sale any herring for canning purposes less than eight 
inches long, measured from one extreme to the other, or 
packs or cans sardines of any description, between the 
fifteenth days of December and the following April, for- 
feits twenty dollars for every hundred cans so packed or 
canned, and for every hundred herring so taken, lb. § 18. 

8-7. There shall be a close time for lobsters between 
the fifteenth days of August and November, during 
which no lobster shall be fished for, taken, caught, killed, 
bought, sold, exposed for sale, or in possession, in cars, 
pounds or otherwise, under a penalty of fifty dollars for 
the offense, and one dollar for every lobster so taken, 
caught, killed, bought, sold, exposed for sale, or in pos- 
session as aforesaid, lb. § 19. 

38. No person or corporation shall can or preserve any 
lobsters between the first days of August and the follow- 
ing April, under a penalty of five dollars for every lob- 
ster so canned or preserved, and a further penalty of 
three hundred dollars for each day on which such unlaw- 
ful canning or preserving is done. lb. § 20. 



SUEVEY OF WOOD, BARK, COAL, ETC. 



357 



CHAPTER CVIII. 



SURVEY OF "WOOD, BARK^ COAL, HOOPS, STAVES, AND LUMBER. 



1. Towns may regulate sale and meas- 

ure of wood. 

2. Penalty for selling before survey. 

3. How wood, brought by water, shall 

be piled and measured. 

4. Ticket. 

6. Penalty for fraudulent stowage. 

6. How charcoal may be measured. 

7. Coal baskets to be sealed. 

8. Penalty for measuring in baskets of 

less dimensions. 

9. Seizure of unlawful baskets. 

10. Penalty for measurer refusing cer- 

tificate. 

11. Towns to elect surveyors of boards, 

planks. &c. 

12. All boards, planks, &c., to be sur- 

veyed. 



13. Dimensions and quality of shingles 

Nos. 1, 2. and 3. 

14. How shingles shall be split or 

sawed and packed. 

15. Dimensions and quality of clap- 

boards. 

16. Dimensions and quality of staves. 

17. Dimensions and quality of hogs- 

head hoops. 

18. If sold before survey, what. 

19. Master or owner to produce sur- 

veyor's certificate before clear- 
ance. 

20. Penalty of surveyor or culler for 

neglect. 

21. Duties of surveyors of logs. 

22. Fees. 



Wood and Barh. 

1. Towns may, by an ordinance, regulate the measure 
and sale of wood, coal, and bark therein, and the location 
of teams hauling the same, and enforce it by reasonable 
penalties. All cord-wood exposed to sale shall be four 
feet long, including half the scarf, and well and closely 
laid together. A cord of wood or bark shall measure 
eight feet in length, four feet in width, and four feet in 
height, or otherwise contain one hundred and twenty- 
eight cubic feet; and the measurer shall mike due allow- 
ance for refuse or defective wood and bad stowage. R. 
S. c. 41, § 1. 

2. If any fire-wood or bark brought into any town by 
land is sold and delivered, unless otherwise agreed to by 
the purchaser, before it is measured by a sworn measurer, 
and a ticket signed by him and given to the driver, stat- 
ing the quantity the load contains, the name of the driver, 
and the town in which he resides, such wood or bark shall 
be forfeited. lb. § 2. 

3. All cord-wood brought by water into any town for 
sale shall be corded on the wharf or land on which it is 
landed, in ranges, making up in height what is wanting 
in length ; then it shall be so measured, and a ticket given 
to the purchaser, who shall pay the stated fees ; and no 



358 MAINE TOWNSMAN. 

m 

such wood shall be carried away by any wharfinger or 
carter before it is or has been measured, under a penalty 
of one dollar for every load. lb. § 3. 

4. Every person carrying any fire-wood from a wharf 
or landing for sale shall be furnished by the owner or 
seller of it with a ticket, stating the quantity and name 
of the driver; and if such fire-wood is carried away 
without s^cli ticket, or any driver refuses to exhibit, such 
ticket to any sworn measurer on demand, or does not 
consent to have the same measured, if in the opinion of 
the measurer the ticket certifies a gi'eater quantity of 
wood than the load contains, such wood shall be forfeited, 
and may be seized and libeled by said measurer according 
to law. lb. § 4. 

5. When any wood, bark, or charcoal is sold by the 
cord, foot, or load, which is stowed in such a manner as to 
prevent the surveyors from examining the middle of the 
load, and it appears on delivery that it was stowed with 
a fraudulent intent of obtaining payment for a greater 
quantity than there was in fact, the seller or owner 
thereof shall pay ten dollars. lb. § 5. 

Charcoal. 

6. Any charcoal brought into a town for sale may be 
measured and sold by the cord or foot, estimating the 
cord at ninety-six bushels, when the purchaser and seller 
may agree to the same ; and the measurers before named 
shall be measurers of charcoal also. lb. § 6. 

7. All baskets for measuring charcoal brought into a 
town for sale shall be sealed by the sealer of the town 
where the person using them usually resides, and shall 
contain two bushels, and be of the following dimensions, 
viz.: nineteen inches in breadth in every part thereof^ 
and seventeen inches and a half deep, measuring from the 
top of the basket to the highest part of the bottom ; and, 
in measuring charcoal for sale, the basket shall be well 
heaped. lb. § 7. 

8. Whoever measures charcoal for sale in any basket 
of less dimensions, or not sealed, shall forfeit, for each 
offense, five dollars. lb. § 8. 

9. The municipal ofiicers of towns may appoint some 
suitable person to seize and secure all the baskets used 
for measuring coal not according to the provisions hereof, 
lb. § 9. 



SURVEY OF WOOD, BARK, COAL, ETC. 359 

10. If any measurer of wood, bark, or charcoal neglects 
or refuses to give to the owner or purchaser a certificate 
of the contents of any load, he shall forfeit five dollars 
for each offense. lb. § 10. 

Boards^ Plank^ and other Lumber. 

11. Every town, at its annual meeting, shall elect one 
or more surveyors of boards, plank, timber, and joist; one 
or more surveyors of shingles, clapboards, staves, and 
hoops ; and every town containing a port of delivery 
whence staves and hoops are usually exported, shall also 
elect two or more viewers and cullers of staves and hoops ; 
and the municipal officers of any town may, if they deem 
it necessary, appoint not exceeding seven surveyors of 
logs, and all of said officers shall be duly sworn. lb. § 14. 

12. All boards, plank, timber, and joist offered for sale 
shall, before delivery, be surveyed by a sworn surveyor 
thereof; and if he have doubts of the dimensions, he shall 
measure the same, and mark the contents thereon, making 
reasonable allowance for rots, knots, and splits, drying and 
shrinking. Pine boards three-fourths of an inch thick 
when fully seasoned, and in that proportion when partly 
seasoned, shall be considered merchantable ; and no pine 
boards, except sheathing boards, shall be shipped for ex- 
portation beyond the United States, but such as are square 
edged, not less than seven-eighths of an inch thick, nor 
less than ten feet long, under a penalty of being forfeited 
to the town whence shipped. lb. § 15. 

Shingles and Clapboards. 

13. All shingles packed for exportation beyond the 
State shall be sixteen inches long, fi-ee from shakes and 
worm holes, and at least three-eighths of an inch thick at 
the butt end when green, and, if of pine, ir^Q from sap. 
They shall be four inches wide on an average, not less 
than three inches wide in any part, hold their width three- 
fourths of the way to the thin end, well shaved or sawed, 
and be denominated number one ; but shingles intended 
for sale within this State, if of inferior quality or of less 
dimensions, may be surveyed and classed accordingly, un- 
der the denominations of number two and number three, 
lb, § 16. 

14. All shingles shall be split or sawed crosswise the 



860 MAINE TOWNSMAN. 

grain. Each bundle shall contain two hundred and fifty 
shingles, and, if in square bundles, twenty-five courses, 
and be twenty-two inches and a half at the lay ; and when 
packed to be surveyed as number one, or for exportation, 
if in any bundle there are five shingles deficient in the 
proper dimensions, soundness, or number, to make two 
hunclred and fifty merchantable shingles, or if any shingles 
are offered for sale before they are surveyed and mea- 
sured by a sworn surveyor of some town in the county 
where made, and the quality branded on the hoop or band 
of the bundle, unless the parties otherwise agree, they 
shall be forfeited to the town where the offense is com- 
mitted, lb. § 17. 

15. All clapboards exposed to sale or packed for ex- 
portation, shall be made of good sound timber, free from 
shakes and worm holes, and, if of pine, clear of sap ; and 
they shall be at least five-eighths of an inch thick on the 
back or thickest part^ five inches wide, and four feet six 
inches long, and straight and well shaved or sawed. lb. 
§18. 

Staves and Hoops. 

16. Staves packed for sale or exportation shall be well 
and proportion ably split, and of the following dimensions, 
viz.: 

White oak butt staves, at least five feet in length, five 
inches wide, and one inch and a quarter thick on the heart 
or thinnest edge, and every part thereof; 

White oak pipe staves shall be at least four feet and 
eight inches in length, four inches broad in the narrowest 
part, and not less than three-quarters of an inch thick on 
the heart or thinnest edge ; 

White or red oak hogshead staves shall be at least forty- 
two inches long, and not less than half an inch thick on 
the least or thinnest edge ; 

White or red oak barrel staves, for a market out of the 
United States, shall be thirty-two inches long ; if for use 
within the United States, thirty inches long ; and in either 
case, half an inch thick on the heart or thinnest edge ; 

All white or red oak hogshead or barrel st.ives shall be 
at leat , one with another, four inches in breadth, and no 
one less than three inches in breadth in the narrowest 
part ; and those of the breadth last mentioned shall be 
clear of sap ; and two staves shall be sold as one cast ; 



ii'ii 



SURVEY OF WOOD, BARK, COAL, ETC. 361 

fifty casts, one hundred staves; and ten hundred, one 
thousand. lb. § 19. 

17. All hogshead hoops, exposed for sale, or packed for 
exportation, shall be from ten to fifteen feet in length, and 
of oak, ash, or walnut, and of good and sufficient sub- 
stance, well shaved ; if of oak or ash, at least one inch 
broad, and, if of walnut, three-quarters of an inch at the 
least end ; the difierent lengths shall be made up in bun- 
dles by themselves ; each bundle shall contain twenty-five 
hoops, four bundles make one hundred, and ten hundred, 
one thousand ; and every bundle, packed for sale or ex- 
portation, found to be deficient in number or dimensions, 
shall be forfeited to the use of the town where exhibited, 
lb. § 20. • ^ 

18. Ko person shall deliver on sale, or ship or attempt 
to ship for exportation, any boards, plank, timber, joists, 
shingles, clapboards, staves, or hoops, before they have 
been surveyed, measured, viewed, or culled, as the case 
may be, and branded by the proper officer, and a certifi- 
cate thereof given by him specifying the number, quality, 
and quantity thereof, under a penalty of two dollars a 
thousand, by quantity or tale, as such article is usually 
sold, one-half to the town where the ofieuse is committed, 
and the other to the prosecutor ; and in addition thereto, 
the master or owner of any vessel, exporting any of the 
articles aforesaid beyond the limits of the United States 
contrary to law, shall for the first ofiense forfeit two hun- 
dred dollars for the use of the town whence said articles 
are exported ; and if after conviction he commits a second 
offense in the same vessel, he shall forfeit the same sum, 
and the vessel shall also be forfeited to the same use. 
lb. § 21. 

19. The master or owner of any vessel, having any of 
the lumber or other articles mentioned in the preceding 
section on board, for exportation as aforesaid, shall, before 
the vessel is cleared at the custom-house, produce to the 
collector a certificate from the proper officer, that the 
same have been duly surveyed, measm-ed, viewed, or 
culled, as the case may require ; and such master or owner 
shall likewise make oath before the collector, or any jus- 
tice of the peace, whose certificate shall be returned to the 
collector, that the articles so shipped for exportation are 
the same articles thus surveyed, measured, viewed, or 



362 MAINE TOWNSMAN. 

culled, that he has no others on board of the like descrip- 
tion, and that he will not take any others. lb. § 22. 

20. If any person, duly elected a surveyor, measurer, 
viewer, or culler of any of said articles under the provis- 
ions of this chapter, neglects or refuses to take the oath 
of his office and to serve therein, he shall forfeit three 
dollars to the use of the town, and another person shall be 
elected to his place, who shall take the oath and serve as 
aforesaid under the like penalty ; and the like proceed- 
ings shall be had, until the office is filled ; or if any such 
officer, duly qualified, unnecessarily refuses or neglects 
to attend to the duties of his office when requested, he 
shall forfeit three dollars ; and if he connives at or will- 
ingly allows any breach of the provisions hereof, or prac- 
tices any other fraud or deceit in his official duties, he 
shall forfeit thirty dollars to the use aforesaid. lb. § 23. 

Logs. 

21. Surveyors of logs may inspect, survey, and meas- 
ure all mill-logs floated or brought to market or offi^red 
for sale in their respective towns, and divide them into 
several classes, corresponding to the difierent quality of 
boards and other sawed lumber, which may be manufac- 
tured from them; and they shall give certificates under 
their hands of the quantity and quality thereof to the per- 
son at whose request they are surveyed. lb. § 25. 

Fees. 

22. To surveyors of boards, plank, timber, and joist, for 
viewing only, six cents per thousand feet ; for measuring 
and marking the same, six cents more ; and in that pro- 
portion for any part of a thousand, to be paid by the 
buyer. R. S. c. 116, § 24. 

To the surveyors of shingles and clapboards, to be paid 
by the buyer, for surveying and telling, six cents per 
thousand. lb. 

To the viewers and cullers of staves and hoops, for 
barrel staves, twenty-five cents per thousand, and for 
hogsheads and butt staves, thirty-three cents per thous- 
and, as well refuse as merchantable ; the merchantable to 
be paid for by the buyer, the refuse by the seller ; and the 
culler of hoops shall be allowed forty cents per thousand, 
lb. 



WEIGHTS AND MEASURES. 



363 



To the surveyors of mill-logs at the rates of four cents 
per thousand feet board measure for viewing and inspect- 
ing, and two cents per thousand, in addition, for measur- 
ing and marking the quantity and quality of the logs, and 
making out and delivering certificates of the same, to be 
paid by the purchaser. lb. 

The measurers of firewood and bark shall receive such 
fees for their services as the municipal officers of the town 
appoint, to be paid by the driver, and repaid by the buyer 
when brought by land, and by the wharfinger when 
brought by water. lb. 



CHAPTER CIX 



WEIGHTS AND MEASURES, 



1, Standard of weights and measures. 

2. Beams, weiglits, and measures to be 

kept by State treasurer. 
8. Also by county treasurers. 

4. Town seal and standard of beams, 

weights, and measures to be kept 
by town treasurers. 

5. Appointment of sealers by officers 

of towns. 



6. Penalty for sealer not accepting of- 

fice and taking oath. 

7. Duty of town sealer. 

8. Dearborn or Hills' steelyard, or the 

Fairbanks scale. 

9. All measures for articles sold by 

heaped measure to conform to 

standard. 
19. Avoirdupois weight. 
11. Fees. 



11. The standard of weights and measures furnished 
by the United States and adopted by this State shall con- 
tinue the standard of weights and measures for the State; 
and the State sealer of weights and measures shall cause 
all such weights and measures of a smaller denomination 
than those furnished by the United States, as are neces- 
sary to make a complete set, to be compared and regulated 
by the standards aforesaid, and keep, at the expense of the 
State, a suitable standard balance for gold, and also for 
avoirdupois weights, to be kept with the weights and 
measures at the State-house, and used only for regulating 
other weights and measures. R. S. c. 43, § 1. 

2. The treasurer of State, at the exptmse of the State, 
shall procure and preserve as public standards, until other- 
wise j)rovided, in the manner mentioned in the first sec- 
tion, and which shall be used only as such, the following 
beams, weights, and measures, to wit: one bushel, one 



364 MAINE TOWNSMAN. 

half busliel, one peck, one half peck, one ale quart, one 
wine gallon, one wine half gallon, one wine quart, one 
wine pint, one wine half pint, and one wine gill ; said 
measures to be made of copper or pewter, conformable as 
to contents to said standard measures ; and the diameter 
of the bushel shall not be less than eighteen inches and a 
half, containing thirty-two Winchester quarts ; of the half 
bushel, not less than thirteen inches and three-quarters, 
containing sixteen Winchester quarts ; of the peck, not 
less than ten inches and three-quarters, containing eight 
Winchester quarts ; and of the half peck, not less than 
nine inches, containing four Winchester quarts ; the ad- 
measurement to be made in each instance in the inside ; 
also one ell, one yard ; one set of brass weights, to four 
pounds, computed at sixteen ounces to the pound, with fit 
scales and steel beam ; also a good beam and scales, and a 
nest of troy weights, from one hundred and twenty-eight 
ounces down to the least denomination, with the weight 
of each weight, and the length of each measure, marked 
or stamped thereon, and sealed with a seal, to be procured 
and kept by the treasurer aforesaid; and also one fifty-six 
pound weight, one twenty-eight pound weight, one four- 
teen pound weight, and one seven pound weight, made of 
iron. lb. § 2. 

3. The treasurer of each county, at the expense thereof, 
shall have one complete set of beams, and of brass, copper, 
pewter, and iron weights, and of the measure before men- 
tioned, except the bushel measure, proved and sealed by 
the State standards, and conformable thereto in breadth 
and contents ; and preserve them for the use of such 
county only as standards ; and once in every ten years, 
commencing July first, eighteen hundred and thirty-nine, 
he shall have them compared, proved, and sealed by the 
State standards ; and for each neglect of his duty afore- 
said, he shall forfeit two hundred dollars. lb. § 3. 

4. The treasurer of towns, at the expense thereof, shall 
constantly keep a town seal, and, as town standards, a com- 
plete set of beams, weights, and copper and pewter meas- 
ures, conformable to the State standards, except that the 
bushel measure, and the half bushel, peck, and half peck 
measures, may be of wood instead of copper or pewter, 
but of the same dimensions, and except also a nest of 
troy weights other than those from the lowest denomina- 
tion to eight ounces ; they shall cause all beams, weights, 



WEIGHTS AND MEASURES. 365 

and measures, belonging to their towns, to be proved and 
sealed by the State or county standards once in ten years, 
computing from July first, eighteen hundred and forty; 
and for every neglect of duty as aforesaid they shall for- 
feit one hundred dollars. lb. § 4. 

5. The municipal officers of each town shall annually 
appoint a sealer of weights and measures therein, remova- 
ble at pleasure, and have j^ower to fill any vacancy that 
occurs ; and for each month's neglect of this duty, they 
shall severally forfeit ten dollars. Any city may purchase 
and keep for use scales for weighing hay and other articles, 
appoint weighers, and fix their fees, to be paid by the pur- 
chaser, lb. § 5. 

6. If any person, so appointed and notified thereof, re- 
fuses for seven diiys to accept the office and be sworn, he 
shall forfeit five dollars ; but when sworn, he shall receive 
the standards and seal from the treasurer, giving a receipt 
therefor, describing them and their condition, and therein 
engaging to redeliver them at the expiration of his office 
in like good order; and he shall be accountable for their 
due preservation while in his possession. lb. § 6. 

7. Every sealer shall, annually, in the month of May, 
post notices in different parts of his town stating the times 
and places at which he will attend to the proof and seal- 
ing of weights and measures ; shall deface or destroy all 
weights and measures that are not or cannot by him be 
made conformable to the standard; shall visit the houses 
of innholders, the warehouses and stores of merchants, 
and the dwelling-houses of such other inhabitants as neg- 
lect to send to him their weights and measures, and there 
prove and seal the same ; and every sealer neglecting any 
duty herein required of him, and every person neglecting 
or refusing to have his weights and measures proved and 
sealed as aforesaid, shall forfeit ten dollars. lb. § 7. 

8. In all cases of weighing, the vibrating steelyard in- 
vented by Benjamin Dearborn, or the vibrating steelyard 
invented by Benjamin Dearborn and improved by Samuel 
Hills, or the Fairbanks scale, may be used ; but before 
being offered for sale, or used, each beam and the poises 
thereof shall be sealed by a public sealer of weights and 
measures, appointed according to law. lb. § 8. 

9. All measures, by which fruit and other things, usu- 
ally sold by heaped measures, are sold, shall be conform- 
able in capacity and breadth to the public standard ; and 



366 MAINE TOWNSMAN. 

if any person otherwise sells and exposes to sale any such 
fruit or other thing, any goods or commodities whatever 
by any other beams, weights, or measures than those 
proved and sealed as aforesaid, he shall forfeit for each 
offense not less than one dollar nor more than ten. lb. 
§9. 

10. Twenty-five avoirdupois pounds make one quarter; 
four quarters one hundred ; twenty hundred one ton. lb. 
§10. 

11. The fees of sealers of weights and measures for 
trying and proving beams, weights, and measures by the 
town standard, shall be as follows, to be paid by the per- 
son for whom the service is rendered : for a platform or 
hay scale weighing six thousand pounds or more, one dol- 
lar ; for one weighing one thousand pounds and under six 
thousand, fifty cents ; for a platform scale weighing six 
hundred ]30unds and under one thousand, twenty-five 
cents; for one weighing less than six hundred, ten cents; 
for any other scale or steelyard that weighs with a poise, 
five cents ; for each dry measure and for all other weights, 
measures, scales, or beams, three cents each ; and a reason- 
able compensation for all repairs, alterations, and adjust- 
ments necessary to make the same conformable to the 
town standard. lb. § 11. 



INSPECTION OF BEEF AND PORK. 



367 



CHAPTER CX 



INSPECTION OF BEEF AND PORK. 



1. Appointment of inspector-general 

of beef and pork. 

2. He shall appoint deputies, and be 

liable for their misconduct. 

3. Deputies to be sworn aud give bond. 

4. They shall not be concerned in the 

beef and pork business. 

5. General duties of inspectors. 

6. Not obliged to act till all charges 

are paid or secured. 

7. Beef and pork to be packed in bar- 

rels and half-barrels. 

8. The age of beef cattle, and how 

cut up. 

9. How to be assorted and branded. 

10. May by request be packed and 

branded extra mess and navy 
mess. 

11. Mode of salting beef. 

12. The round, neck, and chines may 

be reserved for jerking, smoking 
or other purposes. 

13. Pork for exportation divided into 

seven soi-ts. 

14. Pork heads and feet, and mess pork. 

15. Pork, how salted; barrels, how 

branded. 

16. Dimensions of beef barrels and 

half-barrels. 

17. Also of poi'k barrels and half-bar- 

rels. 

18. The brand of the inspector and 

owner. 

19. Penalty for inspector branding 

packages not inspected by him. 



20. Penalty for deputy inspecting out 

of his district, and any other 
person fraudulently branding. 

21. Penalty for not branding beef re- 

served for exportation. 

22. Penalty for fraudulently mixing 

inspected with uninspected. 

23. Penalty for transporting out of the 

State, or shipping, selling, or of- 
fering for sale beef and pork not 
inspected according to law. 

24. Purchasers of beef or pork may 

demand inspection. 

25. Penalty for shipping, exporting or 

having on board uninspected salt 
beef or pork. 

26. How the same may be seized. 

27. The officer seizing to libel the same 

forthwith. 

28. Inspector-general and deputies to 

make annual returns. 

29. Inspector- general may administer 

oaths. 

30. By what scales beef and pork are 

to be weighed. 

31. Municipal officers may appoint 

weighers of beef under oath. 

32. "Weigher's certificate. 

33. Penalty for purchasing dead beef 

cattle without weighing, unless 
agreed. 

34. Hides to be weighed and certified 

by inspector. 



1. The governor, with advice of council, when a 
vacancy occurs, shall appoint some skillful person to be 
inspector-general of beef and pork, removable at pleas- 
ure ; and he shall be sworn and give bond with sufficient 
sureties in the sum of four thousand dollars to the treas- 
urer of State for the faithful discharge of his duties, 
before entering thereon. R. S. c. 38, § 1. 

2. The inspector-general shall appoint one or more 
deputies in every port in this State, whence beef and pork 
are exported, and a convenient number in the several 
counties; and shall be responsible for their neglect or 
misconduct whilst acting under him ; and when the office 



MAINE TOWNSMAN. 

of inspector-general becomes vacant, they may continue 
to discharge the duties of the office, until a successor is 
appointed ; and they shall be accountable to the State, 
lb. § 2. 

3. Every deputy shall be duly sworn and give bond to 
the inspector-general, with sureties to his satisfaction, for 
the faithful performance of his duty, in a sum not less 
than three hundred, nor more than one thousand dollars ; 
and the bond shall be so expressed as to inure to the use 
of the State, for the time the deputy exercises his duties 
during a vacancy in the office of inspector-general, 
lb. § 3. ^ 

4. No inspector or deputy shall be concerned, directly 
or indirectly, in the beef or pork business, or in buying 
or sellino^ it for barrelino;, so Ions; as he holds such office. 
Any one violating the provisions of this section, shall for- 
feit twenty dollars, and forever after be disqualified from 
holding such office. lb. § 4. 

5. The inspector-general, within the county where he 
resides, or his deputy within the district for which he is 
ap]3ointed, shall, as soon as may be, within twenty-four 
hours after request, attend at any suitable place for the 
purpose of inspecting any quantity of beef or pork, or 
both, exceeding five barrels ; and commence thereon, as 
soon as a convenient, strong, and secure place is provided 
by the party claiming such inspection, and the key thereof 
lodged with him ; and it shall be his duty to keep the 
said key, until such beef or pork is packed, or repacked, 
salted, coopered, and branded, or otherwise prepared for 
exportation as provided in this chapter. lb. § 5, 

6. Such officer shall not be liable for neglecting or 
refusing to commence upon any inspection or other 
service, before all the charges for inspecting, cutting, salt- 
ing, coopering, and branding such beef or pork are either 
paid or satisfactorily secured to him. lb. § 6. 

7. When the inspector or his deputy has inspected or 
assorted any beef or pork, as hereinafter directed, he shall 
with the assistance, if necessary, of laborers and coopers 
in his employ, and for whose conduct he shall be respon- 
sible, cut, weigh, pack, salt, and cooper said beef and pork 
in barrels or half-barrels, as hereinafter required. lb. § 7. 

8. No beef shall be packed or repacked in barrels or 
half-barrels for exportation, unless it is of fat cattle not 
under two years old ; and all such beef shall be cut into 
pieces, as nearly square as may be, and of not more than 



INSPECTION OF BEEF AND PORK. 369 

eight nor less tlian four pounds in weight, except where 
otherwise expressly provided. lb. § 8. 

9. Excepting as provided in the tenth and twelfth sec- 
tions, all beef which the inspector or his deputy on 
examination finds to have been killed at a proper age, 
and otherwise good and merchantable, shall be by him 
divided into five different sorts for packing or repacking ; 
to be denominated and branded mess, number one, prime, 
cargo, and hearts and cheeks. lb. § 9. 

Mess beef shall consist of oxen, cows, and steers well 
fattened of three years old and upwards, and weighing 
six hundred pounds and upwards ; the shin, shoulder, clod, 
and neck shall be taken from the fore-quarters, and the 
leg and the leg round from the hind-quarters ; and each 
barrel and half barrel, containing beef of this description, 
shall be branded on one of the heads with the words, 
" mess beef." 

Number one shall consist of oxen, cows, steers, and 
heifers not under three years old and weighing not under 
four hundred pounds, and to average five hundred and 
twenty pounds, without any necks or shanks. On one 
head of each barrel or half-barrel, containing beef of this 
description, shall be branded " number one." 

Prime beef shall consist of fat cattle of all descriptions, 
not before mentioned, of two years old and upwards, bulls 
excepted, with not more than half a neck, and two shanks, 
and without any hocks ; each barrel and half barrel of 
which shall be branded " prime beef." 

Cargo beef shall consist of those parts of beef, which 
are excluded from mess, number one and prime, not in- 
cluding hearts and cheeks; and shall be packed and 
inspected by the inspector-general, or his deputy, in the 
same manner as No. 1, or prime, and branded "cargo 
beef; " first taking from the parts excluded as aforesaid, 
namely, from the end of the neck not less than four 
pounds nor more than six, and from the shank and shin 
of each quarter not less than four pounds nor more than 
eight ; which pieces thus taken off shall not be exported 
from this State. 

The hearts and cheek pieces of beef may be inspected 
and packed as aforesaid, and shall be branded " hearts 
and cheeks." 

10. The inspector or his deputy may also, ,at the re- 
quest of the owner or agent, inspect and pack the follow- 
ing descriptions of beef, viz. : 24 



370 MAINE TOWNSMAN, 

Oxen of four years old and upwards and weigHng seven 
hundred pounds and upwards, excluding the same parts 
as for mess beef, to be branded " extra mess ; " and 

Choice pieces of oxen, steers, cows, and heifers, of three 
years old and upwards, weighing four hundred pounds or 
more, and to average five hundred and fifty pounds, ex- 
cluding the parts aforesaid, to be cut into pieces of as 
nearly ten pounds as practicable, and to be branded " navy 
mess." lb. § 10. 

11. Every barrel of beef shall be well salted with sev- 
enty-five pounds of clean St.Ubes, Isle of May, Lisbon, or 
Turk's Island salt, or eighty pounds of Liverpool salt, or 
other salt of equal quality, exchisive of a pickle made of 
fresh water as strong as salt will make it ; and to each 
barrel of mess, extra, or navy beef, shall be added not 
more than four, nor less than three ounces of saltpetre ; 
and to each barrel of number one, prime, and cargo beef, 
shall be added not more than three, nor less than two 
ounces; and for every half barrel of beef of the different 
kinds, one-half of the stated quantity of salt and saltpetre 
shall be used. lb. § 11. 

12. Any person, packing beef under the supervision of 
the inspector-general or his deputy, may reserve for smok- 
ing, jerking, or other purposes, the round, being that part 
of the leg cut from the hind-quarter near to the edge 
bone, and the neck and chines of the fore-quarter, cut as 
provided in the tenth section ; and the beef so reserved 
shall be at the disposal of the owner either for consump- 
tion, or to export in hogsheads, or in any other mode of 
packing; and he may put into each barrel of beef or pork 
a less quantity of salt than is provided in section eleven, 
and the same shall be branded "light salted;" but he 
shall give a good and sufficient bond to the inspector or 
his deputy to save him harmless from all liabilities and 
costs in consequence of such light salting. lb. § 12. 

13. Excepting as provided in the next section, all pork 
packed, or repacked, in barrels or half-barrels for exporta^ 
tion, shall be divided into seven different sorts, to be de- 
nominated and branded, respectively, extra clear, clear, 
bone middlings, navy mess, number one, prime, and cargo 
pork; and in all cases the following parts shall be taken 
out as refuse, viz. : nose pieces or faces, ears, brains, tail, 
feet, and lard. 

The two kinds of clear pork shall consist of the best 



INSPECTION OF BEEF AND PORK. 371 

pieces of large well fatted healthy hogs, weighing three 
hundred pounds or upwards, free fi'om bones or the lean 
part of the meat, excepting the ends of the ribs and the 
brisket ; and extra clear pork shall consist of such pieces, 
not less than three and a half inches thick, in the thickest 
part of such pieces, clear of lean ; and the clear pork of 
such pieces not less than two inches and a half thick, in 
the thickest part of such pieces, clear of lean. 

Bone middlings shall consist of middling pieces taken 
from hogs well fatted, weighing two hundred and thirty 
pounds and upwards. 

Navy mess pork shall consist of all parts of the carcass, 
well fitted, weighing from one hundred and sixty pounds 
to two hundred and thirty pounds ; except the head, fore 
and hind-legs, the shoulder joint, lard, and refuse parts 
above mentioned. 

Number one shall consist of all parts of hogs well fat- 
ted averaging two hundred and twenty pounds or upwards, 
and each weighing not less than one hundred and eighty 
pounds, and to have no more heads, legs, shoulders, or 
other coarse parts, than belong to one carcass, deducting 
the lard and refuse as above. 

Prime pork shall consist of all parts of one and a half 
hog well fatted, which shall weigh two hundred pounds, 
deducting the lard and refuse as above ; and if in half 
barrels, it shall consist of pig pork, all parts of one carcass 
or not, excluding the lard and refuse as above. In all 
cases, where the legs of pork are taken out for any other 
purpose, the weight shall not be made up of heads and 
shoulders, but with other parts of the carcass, not less 
valuable than the legs would be, if salted. 

Cargo pork shall consist of the merchantable parts of 
wholesome pork of quality inferior to prime pork, and 
there shall not be more than the merchantable parts of 
two carcasses of pork in one barrel ; except where any of 
the legs are taken out, the same number of shoulder pieces 
and no more may be added ; the deficiency of weight to 
be made up in better parts of a carcass of pork. lb. § 13. 

14. Barrels or half-barrels filled with pork heads or 
feet shall be so branded ; and the inspector-general or his 
deputy, at the request of the owner or agent, may inspect, 
cut, weigh, pack, or repack, salt, cooper, or brand pork of 
the following description, which shall be branded mess 
pork J viz.: every part, except the heads, legs, shanks, and 



372 MAINE TOWNSMAN. 

lard, of well-fatted hogs, in good condition, weighing 
from two hundred to three hundred pounds, and averag- 
ing two hundred and fifty pounds. lb. § 14. 

15. Every barrel of pork shall be well salted with sev- 
enty pounds, and every half-barrel with thirty-five pounds, 
of clean coarse salt, exclusive of strong pickle, except as 
provided in section twelve ; shall be branded on one of 
the heads with the quality of the pork it contains ; and 
each barrel of beef or pork for exportation shall contain 
two hundred pounds ; and each half-barrel one hundred 
pounds ; and the casks shall be made of good, seasoned, 
rift white oak, white ash, or maple staves and headings, 
free from any defect. lb. § 15. 

16. The beef barrels shall measure not less than sixteen, . 
nor more than sixteen and a half inches between the 
chimes ; and be not less than twenty-eight, nor more than 
twenty-eight and a half inches long, to be covered three- 
fourths of the length with good oak, ash, elm, leverwood, 
or walnut hoops, leaving one-fourth in the centre ; the 
heads and staves to be of proper thickness ; the hoops to 
be well set an 1 driven together. 

The half-barrels shall contain not less than fifteen, nor 
more than fifteen and a half gallons, to be hooped like 
barrels. lb. § 16. 

17. The pork barrels shall measure seventeen inches 
and one-quarter between the chimes, and contain not less 
than thirty-one gallons nor more than thirty-one gallons 
and one-half; and be hooped like beef barrels ; and all the 
beef and pork barrels and half-barrels aforesaid shall be 
branded on the bilge with the manufacturer's name. lb. 
§17. 

18. Every barrel and half-barrel of pork and beef, 
packed or repaicked for exportation, shall be branded with 
the initials of the christian and the whole of the surname 
of the inspector who inspected the same, with the name 
of the town where, and the month and year, in full, or in- 
telligibly abridged, in which inspected, and the actual 
weight in les^ible letters and figures, with the addition of 
the word, Maine. Every barrel or half-barrel of beef, 
marked extra mess, navy mess, number one, or prime, or 
of pork, marked extra clear, clear, bone middlings, or navy 
mess, shall be branded with the name of the person for 
whom the same was packed. lb. § 18. 

19. Neither the inspector-general or his deputy shall 



INSPECTION OF BEEF AND PORK. 3V3 

brand any packages of beef or pork, other than those he 
has personally inspected, and caused to be weighed and 
packed, as the law requires ; nor, his fees being duly ten- 
dered or secured to him, shall he neglect to perform any 
duty pertaining to his office ; or be guilty of any fraud in 
the exercise thereof, under penalty of ten dollars for each 
offense. lb. § 19. 

20. No deputy shall inspect or brand any cask of beef 
or pork out of the district for which he was appointed, 
under penalty of fifty dollars ; and no person, other than 
the inspector and his deputies, shall stamp or brand any 
cask of beef or pork, with the intent that the same shall 
pass as inspected and branded according to law, under 
penalty of twenty dollars for each offense. lb. § 20. 

21. When any beef is reserved for exportation agreea- 
bly to the provisions of the twelfth section, the hogshead 
or other package containing it, when exported, shall be 
branded on one head with the name of the owner and of 
the town where he resides, under the penalty of one dollar 
for each package not branded; and the feet, ears, and 
faces of pork, when separated from the cheek part of the 
head, or any other pieces herein prohibited, shall not be 
exported under the brand " refuse," or any other brand, 
allowed for pork to be exported. lb. § 21. 

22. If any person intermixes, takes out, or shifts, any 
beef or pork, out of any cask inspected or branded as 
hereby required, or puts in any other beef or pork for sale 
or exportation with a fraudulent intent, he shall forfeit 
twenty dollars for each offense. lb. § 22. 

23. No pork or beef, except hams reserved for pickling 
or smoking, packed in this State or imported into it in 
barrels, half-barrels, or other casks not bearing the name 
and brand of an inspector of some one of the United 
States, showing the quality and quantity thereof, shall be 
transported out of the State, or shipped, sold, or offered 
for sale therein, for exportation, under a penalty of ten 
dollars for each package ; nor shall any salted beef or pork 
be exported from the State, unless the master or owner 
of the vessel produces to the collector or other officer of 
the United States, granting a clearance, a certificate from 
the inspector-general, or his deputy, that it is inspected 
and branded according to law, and each certificate shall 
express the number of barrels and half-barrels of beef or 
pork of each sort ; and, on producing such certificate, he 



374 MAINE TOWNSMAN. 

shall take and subscribe the following oath before said 
officer, namely : 

" I, A. B., master (or owner as the case may be) of the 

, do swear, that according to my best knowledge and 

belief, the certificate hereunto annexed, contains the whole 
quantity of salted beef (or pork as the case may be) on 

board the — — , master ; and that no salted beef, or 

pork, is shipped on board the said vessel for the ship's 
company, on freight or cargo, but what is inspected and 
branded, according to the law of this State." lb. § 23. 

24. When any beef or pork, packed in barrels, half-bar- 
rels, or casks, not bearing the name or brand of an inspec- 
tor of this State, or some one of the United States, is sold 
or offered for sale in this State, the purchaser thereof may, 
at the time of purchase, demand an inspection conforma- 
ble to the laws of this State, and in case of refusal or 
neglect of the seller to cause the same to be properly in- 
spected and branded, and to pay all charges thereon, he 
shall forfeit and pay not less than ten dollars for each 
packag9 sold, to be recovered as provided for in section 
thirty-five ; but tlie purchaser shall be entitled to damages 
for any deficiency in quality or quantity, if purchased 
without inspection. lb. § 24. 

25. If any person exports or ships for exportation out 
of this State any salted beef or pork, not inspected and 
branded, as herein directed, every owner or shipper there- 
of privy to such offanse, shall forfeit six dollars, and the 
master of every vessel, having on board such uninspected 
beef or pork, two dollars, for every such cask. lb. § 25. 

28. Any trial justice on complaint made to him that 
any such beef or pork is put on board any vessel in his 
county for exportation, may issue his warrant directed to 
the proper officer, requiring him to seize and secure the 
same for trial ; or the inspector-general or his deputy may, 
on like information, seize and secure the same for trial. 
lb. § 26. 

27. The officer, making such seizure, shall, as soon as 
may be, file a libel or information thereupon in any court 
proper to try the same ; and if upon trial it appears that 
such beef or pork was thus shipped against the provisions 
hereof, it shall be liable to forfeiture according to law. lb. 
§27. 

28. Every deputy inspector shall make an annual re- 



INSPECTION OF BEEF AND PORK. 



375 



turn to the inspector-general of the number of barrels and 
half-barrels of beef and pork inspected by him ; and the 
inspector-general in the month of January, annually, shall 
make a return, up to the first day of December, into the 
office of the secretary of State, of the whole number of 
barrels and half-barrels inspected by him and his deputies 
the preceding year, under each of the respective brands 
used by them; designating in the return the different 
sorts, and places where inspected. lb. § 28. 

29. The inspector-general may administer the several 
oaths required of his deputies or of others, pertaining to 
the business of his office. lb. § 29. 

30. No beef or pork shall be weighed by the owners or 
keepers of any slaughter-houses, stores, or warehouses, or 
by persons under their control in the transaction of their 
business, in any greater quantity than fifty pounds, unless 
in scales and with weights, or by the vibrating steelyard 
invented by Benjamin Dearborn, the vibrating steelyard 
invented or improved by Samuel Hills, or the Fairbanks 
scales, sealed according to law, under penalty of ten dol- 
lars, lb. § 30. 

r31. The municipal officers of towns, where beef cattle 
ae sold for immediate consumption or for barreUng, shall 
appoint one or more suitable persons not dealers in cattle, 
to be weighers of beef, and they shall be duly sworn. lb. 
§31. 

32. All beef sold as aforesaid shall be weighed by the 
sworn weighers, and certificates of the weight of all the 
beef, hide, and tallow of each head of cattle shall be 
signed by said weighers, and delivered to the seller thereof, 
in the form following, viz. : lb. § 32. 

This certifies that I have duly weighed the cattle bought 

by , of , from , of , this — — 

day of , 18 — : 



Beef 










Hide 






i 




Tallow 












Total 













A. B., Bworn Weigher, 



376 MAINE TOWNSMAN. 

33. Any person purchasing beef cattle for market or 
exportation, not weighed pursuant to the foregoing pro- 
visions, other than live cattle, and except when the weight 
or mode of weighing is agreed upon expressly by the 
buyer and seller, shall forfeit thirty dollars for each offense, 
lb. § 33. ^ 

34. The inspector-general and his deputies, by them- 
selves or by other persons by them appointed and sworn, 
shall weigh all hides taken from cattle slaughtered for 
barreling, making reasonable deduction for tare and drain- 
age ; and give a certificate, speciiying the gross weight 
and the deductions made as aforesaid. lb. § 34. 



PEOBATE FOEMS. 



(sn) 



TABLE OP PEOBATE FOEMS. 



ADjmOSTEATION. 



1. Table of consanguinity. 

2. Petition for administration. 

WILLS. 

3. Will of lands and goods. 

First. Bequest of money at interest. 

Second. Appointment of persons to manage minor's estate. 

Third. Authority of executor to sell lands. 

Fourth. Devise to wife, in lieu of dower. 

Fifth. When a child has received all his portion. 

4. Codicil. 

5. Nuncupative will. 

6. Petition by executor for probate of a wilL 

7. Refusal of executor to accept the trust. 

8. Petition to take depositions to prove a will. 

9. Waiver by widow of her provision in a will. 

ADiynisriSTEATIOK'. 

10. Notice of administrator's or executor's appointment. 

11. Affidavit of posting notices of executor's appointment. 

12. Inventory. 

18. Petition by widow for allowance of personal estate. 

14. Petition for sale of personal estate by administrator. 

15. Account of sales of personal estate. 

16. Representation of insolvency. 

17. Oath of commissioners. 

18. Return of commissioners. 

19. Commissioners' notice to creditors. 

20. Petition of creditors for extending commission. 

21. Notice of objection to claims. 

22. Rule to refer creditor's claim. 

23. Referees' report under a rule. 

24. Rule to refer administrator's claim. 

25. Petition to cite administrator to settle his account. 

(378) 



PROBATE FORMS. 379 

26. Petition of administrator of insolvent for further time. 

27. Petition of administrator for sale of real estate. 

28. Petition of administrator to sell whole of real estate, 

29. Oath before sale. 

30. Bond on license to sell real estate. 

31. Advertisement for the sale of real estate. 

32. Afl&davit of posting notices. 

33. Deed by administrator. 

34. Petition to convey real estate of a deceased person. 

35. Petition for administrator or executor to settle his account, 

36. Complaint against one who refuses to account. 

37. Complaint against one suspected of concealing goods. 

38. Petition for division. 

39. Petition for division according to will. 

40. Commissioners' return. 

41. Complaint against one who refuses to pay for division, 

42. Petition to sell the reversion of the widow's dower. 

43. Petition to slII the real estate of a minor or non compos, 

44. Claim of an appeal. 

45. Reasons of appeal. 

46. Bond on appeal. 

47. Administration account. 

48. Second account of administration. 

49. Receipt taken by administrator. 

50. Receipt of legatee. 

51. Receipt of heir. 

GITAEDIAITS. 

52. Petition for guardian. 

53. Choice of guardian by minor. 

54. Representation respecting a non compos, 

55. Return of selectmen. 

56. Complaint of selectmen against an intei»i>erate person. 

57. Petition of guardian to sell real estate. 

58. Assignment of dower. 

59. Petition by widow for dower. 

60. Commissioners' return of assignment or do'ver. 

61. Petition for filling copy of a wiU proved out of the States 

62. Caveat. 

63. Notes. 



380 MAINE TOWNSMAN. 



ADMINISTRATION, 



Upon the decease of any person intestate, the Judge 
of Probate shall grant administration of such intestate's 
goods or estate to the widow, husband, next of kin, or 
husband of the daughter of the deceased, or to two or 
more of them, as he shall think fit, if the applicant be 
over the age of twenty-one years, and in other respects, 
in his opinion, suitably qualified for the trust; except 
after thirty days from the decease of such intestate, of 
such husband, widow, or next of kin neglect or refuse it 
take out letters of administration, or if, in the opinion of 
the judge, they shall be unsuitable for the trust, he may 
commit administration on said estate to one or more of 
the principal creditors, or to such other person, or persons, 
as he shall deem suitable. 

The mode of ascertaining the degree of kindred be- 
tween persons related to each other, is, by counting back- 
ward from one of the parties to the common ancestor, 
thence downward to the other, as may be seen by the 
following table of consanguinity : 



PROBATE FORMS 



381 



[1.] TABLE OF CONSANGUINITY, 





4 
great great 
grand father. 




















3 

^reat grand 
father. 




5 

great great 
uncle. 




























2 
grand 
father. 




4 1 
great 
uncle. 




6 




















1 
1 












1 
father. 




3 

uncle. 




5 

great uncle's 
son. 


7 




























person 
deceased. 




2 
brother. 


4 
cousin. 


6 

second 
cousin. 




8 








1 








1 

son. 




3 

nephew. 


5 

son of 
cousin. 


7 




9 








1 












2 

grand 

son. 






4 


6 


8 




10 








1 






1 




3 

great grand 

son. 




5 


7 


9 




11 



382 MAINE TOWNSMAN, 



[2.] PETITION FOR ADMINISTRATION. 

To the honorable judge of probate for the county of , 

A. B., of , in the county of , respectfully repre- 
sents that C. D., of , in said county of , died intes- 
tate, being seized and possessed of real estate, goods, 
chattels, rights, and credits, in said county, which ought to 
be administered according to law : [if the widow petition 
for administration, say] leaving your petitioner, who is 
his widow, and who prays that administration of his 
estate may be granted to her ; [if the next of kin petition 
for administration, say] leaving your petitioner, who is 
the son [or brother], and the next of kin of said deceased, 
and who wishes to take administration on his estate. [If 
a creditor, when widow or next of kin neglect to apply, 
say] that thirty days have elapsed since the decease of 
said C. D., and the widow and next of kin have been duly 
cited to take administration of said estate, but neglect so 
to do ; and your petioner is a principal creditor of said 
deceased ; wherefore, he prays that administration of said 
estate may be granted to him. 

N'oTE. — Before taking administration, the administrator 
is required to give a bond, which is furnished at the pro- 
bate office. 



WILLS. 

|_3.] FORM OF A WILL OF LANDS OR GOODS. 

In the name of God, amen ; [or be it remembered, that 

I, A. B,, of , being weak in body, but of sound and 

perfect memory ;] [or considering the uncertainty of this 
mortal life, and being of sound mind] blessed be Al- 
mighty God for the same, do make and publish this, my 
last will and testament, in manner and form following, 
that is to say : 

I give and bequeath unto my beloved wife, R. B., the 
sum of dollars. 

I do also give and bequeath unto my eldest son, C. D., 
the sum of dollars. 

I do also give and bequeath unto my two younger sons, 
E. F. and G. H., the sum of dollars apiece. 



PROBATE FORMS. 383 

I also give and bequeath unto my daughter-in-law, S 
H., single woman, the sum of dollars. 

Which said several legacies or sums of money, I will 
and order to be paid in six months after my decease. 

I further give and devise to ray eldest son, C. D., his 

heirs and assigns, all my real estate situate in , in 

the county of ; to have and to hold the same, to 

him, the said C. D., his heirs and assigns, forever. 

And, lastly, as to the residue of my personal estate 
whatever, after payment of all my just debts, I give and 
bequeath the same to my said beloved wife, R. B., whom 
I hereby appoint my sole executrix of this my last will 
and testament; hereby revoking all former wills made by 
me. 

In witness whereof, I have hereunto set my hand and 

seal, this day of , 18 — . 

A. B. (seal.) 

Signed, sealed, and declared by the above-named A. B. 
to be his last will and testament, in the presence of us, 
who, at his request, and in his presence, and in the pres- 
ence of each other, have subscribed our names as wit- 
nesses thereto. 

K. H. 

W. I. 

J. C. 

Other clauses may be inserted, as for example : 

1. Bequest of money to be put at interest, &c. 

Also, I give to my granddaughters, M. B. and R, B., 

children of my daughter C. B., the sum of dollars 

each, to be paid to them respectively, at their respective 
ages of twenty-one years [or days of marriage]; the 
same to be put out at interest, at the discretion of my 
executor, and the interest accruing thereby to be applied 
to their education and maintenance, respectively, until 
their said respective ages, or marriages. And in case 
either of them shall die before the age of twenty-one 
years, or marriage, then I give the share of her, so dying, 
unto the survivor of them. And if both of my said 
granddaughters shall die before obtaining the age of 
twenty-one years, or marriage, then I give and bequeath 
the whole of said several sums unto . 



384 MAINE TOWNSMAN. 

2. Appointment of a person to manage the estate of 
a minor. 

And I do hereby authorize and direct my said executor, 
from and after my decease until the aforesaid G. B. shall 
attain his age of twenty-one years, to manage and im- 
prove the estate of said G. B., by me given him, for his 
use and benefit, and to lease all or any part of his lands, 
and to lend and place out at interest upon good security, 
or otherwise improve according to his discretion, all or 
any part of the moneys belonging to or arising from said 
estate of said G. B., and to account for and to pay to the 
said G. B. for all such rents, interests, and income, as shall 
arise from the estate hereby given and devised to him, 
when he shall attain the age of twenty-one years. And 
my. said executor shall not be accountable for more of 
said moneys or estates, than he shall actually receive, or 
shall come to his hands, by virtue of any will, or for any 
loss which shall happen of the said moneys or estates, 
hereby by me given to the said G. B., if said loss happen 
without his willful default and neglect. 

3. Authority of executor to sell lands. 

Also, I authorize my executor, with all convenient 
speed after my decease, to bargain, sell, and alien in fee- 
simple, all those my lands called , situate in . 

4. Devise to a wife in lieu of her dower. 

Also, I devise to my wife, R. B., the house in which I 
now live, and the building appurtenant to the same, and 
the household furniture of every kind, now being in said 
house, and the following described tract of land, &c. To 
have and to hold to her, the said R. B., for the term of 
her natural life, in lieu and in full satisfaction of her 
dower, and of all her right of dower in and out of all the 
lands and tenements whereof I shall die seized [or of all 
her right of dower in any and all lands and tenements 
whereof I now am, and have been, or hereafter shall be 
seized, during my marriage to my said wife]. 

5. When a child has received all that is intended for 
him. 

My son, G. H., having already received all that I intend 
to give him [or what I consider as his portion of my 
estate] nothing is given him by this will. 



PROBATE FORMS. 385 



[4.] FORM OF A CODICIL, 

I, A. B., of , do make, publish, and declare this 

writing to be a codicil to my last will and testament, in 
manner following, viz. : I give to my niece, M. E., one 
gold watch. I give to my nephew, I. G., the two shares 
in the Cumberland Bank which are owned by me. 

It is my desire that this, my codicil, be annexed to, and 
made a part of my last will and testament. 

Dated, . (Signed) A. B. (seal.) 

Signed, sealed, published and declared by the above 
named A. B., as a codicil lo be annexed to his last will 
and testament, in presence of us, who, at his request, and 
in the presence of each other, and in his presence, have 
subscribed our names as witnesses thereto. 

R. S. 

W. T. 

Y. H. 



[5.] FORM OF A NUXCUPATIVE WILL. 

The last will and testament of , in the county of 

-, deceased, declared by him by word of mouth, in the 



time of the last sickness of the deceased, and in his usual 

dwelling, on the day of , in the presence of us, 

who, at the time of pronouncing the same, were requested 
by the testator to bear witness that such was his will, and 

who have subscribed our names as witnesses thereof: 

My will is, that [here insert the very words]. 

In witness whereof, we have hereunto set our hands, the 
dav of , 18—. 

A. B. 

CD. 

E. F. 



[6.] PETITION BY EXECUTOR FOR PROBATE OF A WILL. 

To the 

Represents A. B., of , in the county of , that 

C. D., late of , in said county of , died on the 

day of , seized and possessed of real estate, 

goods, chattels, rights, and credits, in said county of y 

25 



386 MAINE TOWNSMAN. 

and made his last will and testament in writing, and 
therein appointed your petitioner executor thereof. 

And your petitioner further represents, that he is will- 
ing to accept said trust, and is prepared to prove said 
will. 

Wherefore he prays that said last will may be duly 
proved, approved, and allowed. A. B. 

Dated 



[7.] KEFtJSAL OF EXECUTOR TO ACCEPT THE TRUST. 

To the court of probate in and for the county of . 

Represents A. B., of , in the county of , that 

, late of said , deceased, testate, in his last will 

and testament, appointed your petitioner executor there- 
of; and it being inconvenient for him to perform the 
duties of executor, he declines to accept that trust. 

Dated, . A. B. 



[8.] PETITION FOR A COMMISSION TO TAKE DEPOSITIONS 
TO PROVE A WILL. 

To the court of probate in and for the county of • 



Represents A. B., of , in the county of > [addi- 
tion], executor to the last will and testament of — — , 

[addition] late of said , deceased, testate, that the 

witnesses thereto live out of the State [or more than 
thirty miles distant, or by reason of age and indisposition 
of body, are unable to attend court]. He therefore prays 
that your honor would authorize, by commission, some 
magistrate to take the deposition of such witnesses, in 
writing, and cause the same to be returned into probate 
court as soon as may be. A. B. 

Dated, . 

The executor, on being qualified, must give bond to the 
judge of probate, similar to that required of an adminis- 
trator. 

[If the testator wishes to exempt his executor from giv- 
ing bonds, he may add before the words, "in witness 
whereof," the following : " I expressly provide that my exe- 
cutor be not required by the judge of probate to give 
bonds as executor of this wiU."] 



PROBATE FORMS. 387 



[9.] WAIVER BY THE WIDOW OF THE PROVISION MADE 
FOR HER IN THE WILL OF THE HUSBAND. 

To the honorable judge of probate for the county of ■ 



Respectfully represents C. D., widow of A. B., late of 
-, in said county [addition], deceased, testate, that 



said A. B. in and by his last will and testament made 
provision for her, which is not satisfactory to your peti- 
tioner. She therefore waives the provision made for her, 
as aforesaid, and prays that her dower in his said estate 
may be assigned to her according to law. 
Dated at , this day of , 18 — . 

Note. The above waiver should be made within six 
months after probate of the will. 



[10.] NOTICE OF administrator's OR EXECUTOr's AP- 
POINTMENT. 

Notice is hereby given that the subscriber has been 

duly appointed administrator [or executor] of the of 

, late of , in the county of , deceased, and 

has taken upon that trust by giving bonds as the 

law directs. . 

All persons having demands against said estate are re- 
quested to exhibit the same ; and all persons indebted to 
said estate are called upon to make payment. 

Dated at , the day of , 18 — . 



[11.] AFFIDAVIT OF POSTING NOTICE OF 
APPOINTMENT. 

I, A. B., testify and depose that I have caused notifica- 
tions of my being appointed executor of the last will and 
testament of , late of , in the county of , de- 
ceased, to be posted in two public places in the said town 

of , viz. : one at the post-office , and one at , 

and in one public place in each of the two next adjoining 

towns of , within three months from the time of 

taking upon — — the trust aforesaid according to order. 
And the annexed is a copy of the original notifications 
published as aforesaid. 



388 



MAINE TOWNSMAN. 



N'oTE. — An affidavit by the executor or administrator 
himself, of his having posted the notices, is sufficient; in 
which case, he merely says, — 

"A. B. makes oath that, agreeably to the order of the 

judge of probate for said county, dated the day of 

, he did within three months from the said date, &c. 

Sworn to," &G. 

The law requires the affidavit to be filed withm one 
year. 



[12,] INVENTORY. 

An inventory of the estate of A. B., late of P , in 

the county of , deceased, taken in pursuance of the 



warrant hereto annexed, the 



day of 



18—. 



Real estate. 


Dollars. 


Cents. 


The homestead farm containing about 

acres. 


1000 




acres. 

Personal estate. 

Cash, 

Stock of goods in store, 

1 horse, 

1 cow. 





Schedule of Notes. 

Note of A. B., for |25, dated 1st May, 1848, and int. 

" "CD., " 50, " 1st June, 1849, and int. 

" "E. F., « 80, " 3d July,. 1849, and int. 

* FT T ^ 
J 'tt-' [- Appraisers. 

E. F., Executor \or Administrator^ 

Note. The oath should be written on the inventory. 

The following articles may be omitted in the inven- 
tory, viz. : all articles of apparel or ornament of the widow, 
according to the degree and estate of her husband ; ap- 



PROBATE FORMS. 389 

parel and school-books of minor children ; wearing apparel 
of the deceased, not exceeding $100 in value ; provisions 
for the use of the family not exceeding |50 in value. 



[13.] PETITION" BY WIDOW FOR ALLOWANCE OP PER- 
SONAL ESTATE. 

To the , 

Represents A. B., widow of C. D., late of , in said 

county of , deceased, that said C. D. died possessed of 

personal estate, an inventory whereof has been duly re- 
turned; that she is entitled to receive more of said per- 
sonal estate than she can have on a distribution thereof 
[or that the estate is insolvent]. [Here state the circum- 
stances which entitle her to an allowance, such as minor 
children, sickness, &c.] She therefore prays that such an 
allowance may be made her out of said estate for her sup- 
port and comfort as may be deemed necessary. A. B. 

Dated, . 

Note. Notice should be given to the heirs, &c., if the 
estate is solvent ; and if it is insolvent, to the creditors. 



[14.] PETITION FOR SALE OF PERSONAL ESTATE BY 
ADMINISTRATOR. 

To the , 



Represents A. B., administrator of the estate of C. D., 

late of , in said county, deceased, that an inventory 

of said estate was duly returned into the probate office of 
said county, within three months last past [or within six 
months last past] ; that the personal estate returned in the 
said inventory was appraised for more than its true value 
[or that certain articles (name them) are perishable, and 
are losing in value]. He therefore prays that he may 
have license to sell the said personal estate at public auc- 
tion, according to law. A. B. 

Dated, . 



390 



MAINE TOWNSMAN. 



[15.] ACCOUNT OF SALES OP PERSONAL ESTATE, MADB 



BY ORDER OF THE JUDGE. 



Account of sales of the personal estate of C. B., late of 
-, in the county of , gentleman, deceased, intes- 



tate, made agreeably to a license of the judge of probate 

for said county of , on the day of , 18 — . 

Dated the day of , 18 — . 



Articles inventoried. 


Appraised value. 


Sold for. 


Gain. 


Loss. 


1 horse, 
1 yoke of oxen, 
1 cow, 
10 sheep. 


$75.00 

ao.oo 

20.00 

18.00 


$80.00 
75.00 
10.00 
17.00 


$5 


$5 

10 

1 




$193.00 


$182.00 


$5, 


116 



[16.] FORM OF REPRESENTATION OF AN INSOLVENT 
ESTATE. 

To the honorable judge of probate in and for the county 
of . 

Represents A. B., administrator of the estate of C. D., 

late of , in said county, deceased ; that such are the 

condition and circumstances of the estate of said deceased, 
so far as has come to his knowledge, and which he is ready 
to lay before said judge, that it appears to him to.be in- 
solvent. He tlierefore represents his estate as insolvent, 
and prays that your honor would nominate and appoint 
commissioners to receive and examine the claims of the 
several creditors thereof, according to law. A. B. 

Dated at , the day of , 18 — . 

Note. The administrator must furnish evidence of an 
apparent insolvency, whereupon the judge issues a war- 
rant, appointing commissioners to receive and examine 
all the claims of creditors against the estate of the de- 
ceased, who are to be sworn, appoint times and places of 
meetings for that purpose, and give notice of the same. 



PROBATE FORMS. 



391 



[17.] OATH OF COMMISSIONERS. 



Then the above named 



-, 18-. 



-, personally 



appeared, and made solemn oath that they would faith- 
fully and impartially discharge the trust reposed in them 
by the foregoing commission. 

Before me, E. F., Justice of the Peace. 



[18.] 



COMMISSIONERS RETURN. 



Pursuant to the foregoing warrant, we, the undersigned, 
commissioners, have been sworn and have given notice of 
the times, places, and purposes of our meetings, as di- 
rected in the foregoing warrant, and have received, and 
examined, and allowed the claims against said deceased 
that have been presented to us, as follows, viz. : 



Names of claimants. 


List of claim,s laid before us. 


Allowed on each claim. 


A. B. 
CD. 
E. F. 


$50 
24 
60 


$25 
12 



Dated the 



day of 



H. I. 
G. H. 



Commissioners, 



[19.] commissioners' NOTICE TO CREDITORS. 

We, having been appointed by the judge of probate for 

the county of , to receive and examine the claims of 

the creditors of A. B., late of C, in said county, deceased, 
whose estate is represented insolvent, give notice that six 
months, commencing the day of , have been al- 
lowed to said creditors to bring in and prove their claims ; 
and that we will attend the service assigned us, at the 

office of O. L., in P., and on the day of , of the 

following months, from o'clock to — - o'clock, p. m. 

H. I. 
F. T. 

Dated this day of ^ 18—. 



392 MAINE TOWNSMAN. 



[20.] PETITION OF A CREDITOR FOR EXTENDING COM- 
MISSION OF INSOLVENCY. 

To the judge of probate in the county of 



A. B., of , respectfully represents that he is a cred- 
itor of C. D., late of , whose estate has been repre- 
sented insolvent, and a commission of insolvency thereupon 
issued, in which six months were allowed to the creditors 
of said deceased to bring in and prove their claims before 
the commissioners, which time has elapsed ; that during 
said six months the petitioner was out of the State [or 
had no notice of the insolvency, or sittings of the com- 
missioners], and did not present his claim ; he therefore 
prays your honor to allow a further time for him to pro- 
duce and prove his claim before said commissioners. 

Dated, . A. B. 



[21.] OBJECTIONS TO REPORT OF COMMISSIONERS. 

1. Notice of creditor whose claim has been rejected. 

To the honorable judge of probate, within and for, &c. 

A. B., of C, in said county, respectfully represents that 
he is a creditor of D. E., late of , in said county, de- 
ceased, whose estate has been represented insolvent ; that 
he presented his claim against the deceased to the com- 
missioners of insolvency on said estate ; which claim, as 
appears by the report of said commissioners, returned into 
the probate office within twenty days last past, they have 
rejected wholly [or in part]. I therefore make known my 
intention to commence and prosecute an action for the 
recovery of said claim, as soon as may be. 

Dated this day of , 18 — . 

2. Notice of objection by administrator to claim allowed. 

To the judge of probate, within and for the county of . 

A. B., administrator of the estate of C. D., late of E., 
in said county, deceased, rej^resented insolvent, respect- 
fully represents that it appears by the list of claims re- 
turned into the probate office within twenty days last 
past, that the commissioners have allowed a claim [or in 
part] in favor of I. P., of E., in said county, against the 
deceased, with which I am dissatisfied j I therefore pray 



PROBATE FORMS. 393 

your honor to strike said claim from out of the commis- 
sioners' report ; that said I. P. may commence and prose- 
cute at common law his suit for the recovery of the same, 
if he see fit. A. B. 

Dated at . 

Note. A copy of the above, with the register's certifi- 
cate thereon, the administrator must cause to be served 
on the creditor within the twenty days. 



[22.] RTJLE TO REFER CREDITOR'S CLAIM. 

Whereas the commissioners of insolvency on the estate 

of C. D,, late of E., in the county of , deceased, have 

duly returned into the probate office for said county a list 
of claims against the estate of said deceased, and have 

therein allowed to I. P., of , in said county, a claim, 

with which A. B., administrator of said estate, is dissatis- 
fied [or have rejected the claim, in part or wholly, of I. 
P. of ] : 

Therefore we, the said A. B., administrator as aforesaid, 
and said I. P., have agreed, and do hereby agree, to sub- 
mit the said claim which is hereunto annexed, to the 

determination of , , , the report of whom, 

or a major part of whom, being made as soon as may be 
to the court of probate for said county, is to be final ; and 
the amount reported is to be added to said list of claims 
when ascertained. 

In witness whereof we have hereunto subscribed our 

names, at P , this day of , in the year a. d. 

18—. 

Note. The above rule is to be signed and acknowl- 
edged by the parties at a court of probate. 



[23.] referees' REPORT ON RULE AFORESAID. 

A , , 18- 



Pursuant to the foregoing rule, we, the referees therein 
named, have notified, met, and fully heard the parties and 
their evidence, and are of the opinion, and do accordingly 



894 MAINE TOWNSMAN. 

report, that the claim justly due to the said I. P., fi*om 

the estate of C. D., is dollars. [Or, that nothing is 

due to said I. P. from the estate of said C. D.] 

K. H. 

W.D. 

J. C. 



[24.] RULE TO REFER ADMINISTRATOR'S CLAIM. 

Whereas A. B., administrator of the estate of 0. D., 
late of E., in said county, deceased, has exhibited to the 
judge of probate for said county, his claim against the 
deceased for allowance, and said claim is disputed by E. 
F.', heir of said deceased : 

Therefore we, the said A. B., administrator as aforesaid, 
and E. F., have agreed, and do hereby agree, to submit 
the said claim, which is here annexed, to the determina- 
tion of D. C, R. S., L. B., the report of whom, or major 
part of whom, is to be made as soon as may be, and re- 
turned into the probate court for said county. 

In witness whereof, &g. A. B. 

E.F. 



[25.] PETITION FOR CITATION TO EXECUTOR OR ADMIN- 
ISTRATOR TO SETTLE ACCOUNT. 

To the honorable judge of probate for the county of • 



A. B., of C, heir of C. D., late of E., in said county, 
deceased [or R. T., of W., one of the creditors of, &c.], 

respectfully represents that on the day of , E. F. 

was duly appointed administrator [or executor] of the 
estate of said C D., and that a year has elapsed since the 
appointment of said administrator [or executor] ; where- 
fore he prays that the said E. F. may be cited to settle his 
account, and distribute the balance thereof among the 
heirs of said deceased ; and failing so to do, that he may 
be removed from said oiBce or trust. [Or, that license 
may be granted to commence and prosecute a suit on his 
bond.] A. B. 

Dated, , 



PROBATE FORMS. 395 



[26.] PETITION OF ADI^^N■ISTRATOI^ OF AN" INSOLVENT 
ESTATE FOR EXTENDED TIME TO SETTLE HIS FINAL 
ACCOUNT. 

To the honorable judge of probate, &c. 

A. B., administrator of tlie estate of C. D., late of E., 
in said county, deceased, represented insolvent, respect- 
fully represents that the list of claims against the deceased 

was returned into the probate office, on the day of 

last; that the difficulty of collecting the debts due to, 

the deceased [or a suit pending ; here insert the reason] 
will prevent your petitioner from making a final settle- 
ment of his account of administration within the time 
limited by law; wherefore he prays your honor to grant 
an extended time for that purpose. A. B. 

Dated, . 



[27.] PETITION OF ADMINISTRATOR FOR SALE OF REAL 

ESTATE. 

To the honorable judge of probate for the county of 



A. B., administrator of the estate of C. D., late of E., 
in said county, deceased^ respectfully represents that the 
goods, chattels, and credits of said deceased are not suf- 
ficient to pay his just debts and charges of administration, 

by the sum of dollars, as appears by the certificate 

of the register of probate herewith produced. Wherefore 
your petitioner prays your honor to grant him a license 
to sell and convey so much of the real estate of said 
deceased [including the reversion of the widow's dower 
therein], as may be necessary to satisfy said debts and 
incidental charges, and charges of administration. 

Dated, . A. B. 

Note. Order of notice issues to the heirs ; but if the 
estate is insolvent, notice should be given in some news- 
paper. 



[28.] PETITION OF executor OR ADMINISTRATOR TO 
SELL THE WHOLE REAL ESTATE, WHEN BY A PARTIAL 
SALE THE WHOLE WOULD BE INJURED. 

To the, &C. 

A. B., executor of the last will and testament [or ad- 
ministrator of the estate] of C. D., late of , in said 



396 MAINE TOWNSMAN. 

county, deceased, respectfully represents that the goods, 
chattels, and credits of said deceased are not sufficient to 
pay the debts which said deceased owed at the time of his 
decease, and just charges of administration, by the sum 
of dollars ; and that by a partial sale of the real es- 
tate of said deceased, the residue thereof would be greatly 
injured; wherefore your petitioner prays said court to 
grant him a license to sell and convey the whole of the 
real estate of said deceased, at public auction or private 
sale. A. B. 

Dated, . 

ISToTE. The admisistrator, previous to fixing on the 
time and place of sale, should take the oath by law pre- 
scribed, and give bond, and thh'ty days' notice of said sale, 
by posting up notifications thereof in some public place in 
the town where the real estate lies, in two adjoining towns, 
and in the town where the deceased last dwelt. 



[29.] FOEM OF OATH BEFORE SALE. 

I, A. B., do solemnly swear [or affirm], that in disjDOS- 

ing of the real estate belonging to C. D., late of , in 

the county of , now deceased, I will use my best skill 

and judgment in fixing on the time and place of sale; and 
that I will exert my utmost endeavors to dispose of the 
same in such manner as will produce the greatest advan- 
tage to all persons interested therein ; and that without 
any sinister views whatever. A. B, 

Note. The oath may be administered by a justice of 
the peace. 



[20.] FORM OF CONDITIO]^' OF BOND, ON LICENSE TO SELL 
REAL ESTATE FOR PAYMENT OF DEBTS. 

(Obligation the same as in executor's bond.) 

The condition of this obhgation is such that, whereas 
the above-bounden A. B., in his capacity of administrator 
of the estate of C. D., late of , in said county, de- 



PROBATE FORMS. 397 

ceased, at a court of probate holden , at , within and 

for said county, on day of -- — — instant, obtained 

license to make sale of so much of the real estate of said 

deceased as will produce the sura of dollars : 

Now, therefore, if the said shall, in all things relat- 
ing to such sale, govern himself by the laws of said State, 
so that the interest of the creditors and heirs shall be best 
secured; and, moreover, shall well and truly apply the 
proceeds of such sale, or so much thereof as shall be 
necessary for the purposes aforesaid, and for the overplus, 
if any, shall be responsible to the heirs or legatees of said 
deceased, and thereof, and of his whole proceedings in the 
premises, shall render \\\)0\). oath a just and true account 
to the judge of probate for the time being, of the same 
county, when and so often as he shall be thereunto law- 
fully required, then the above obligation to be void ; oth- 
erwise to remain in full force. A. B. (seal.) 

C. D. (seal.) 
E. F. (seal.) 
Signed, sealer!, and delivered) 
in presence of . ) 



[31.] ADVERTISEMENT FOR THE SALE OF REAL ESTATE. 

Notice is hereby given that by virtue of a license from 

[court] there will be expose! for s;ile, at the house of , 

in , on the day of next, at — o'clock in the 

noon, so much of the real estate of -, in the coun- 
ty of — , deceased, as will produce the sum of , for 

the payment of his debts and incidental charges of sale. 
Said real estate consists of , and is situated, <fcc. 

Dated this day of . 

C. D., Administrator, 

Note. The form may be varied according to the nature 
of the license obtained. 



[32.] AFFIDAVIT OF POSTING, OR PUBLISHING NOTICE OF 
THE SALE OF LAND, BEFORE A JUSTICE OF THE PEACE. 

I, A. B., testify that at the request of C. D., adminis- 
trator, &c. [or executor, &c.], I caused an advertisement, 



398 MAINE TOWNSMAN. 

whereof the foregoing is a true copy, to be published in 

the , printed at , on the day of , three 

weeks successively, previous to said day of sale [or , 

at the request, &c., I caused advertisements, whereof the 

foregoing is a true copy, to be j^osted at the house of , 

in — — , in the county of , where the land lies, at , 

and , the two next adjoining towns, and at , in 

, where the deceased last dwelt, thirty days before 

the day appointed for the sale.] A. B. 

C , ss. On the day of , A. d. 18 — , the 

above-named A. B., who resides more than ten miles from 
the probate office in said county, personally appeared be- 
fore me, and made oath to the truth of the foregoing affi- 
davit by him subscribed. E. F., Justice of the Peace. 



[33.] 

Know all men by these presents, that I, A. B., of 

m the county of , in the State of — — , administrator 

of the goods and estate which were of C. D., late of , 

deceased, intestate, having, by an order of the court, 

held at , within and for said county of , on the 

iay of , 18 — , obtained license to make sale of so 

much of the real estite of said deceased as would produce 

the sum of dollars, for the payment of his debts and 

mcidental charges of sale ; [or the whole of the real es- 
tate of said decease;!, b^ciuse a partial sale thereof would 
greatly injure the residue ;] and in pursuance of said 
license, gave notice that s i I real estate would be ofFere 1 

for sale at public vendue, on the day of , [which 

said sale Avas adjourned from the said day to the present 
day, i/". so/] and on this day, at , the following de- 
scribed real estate [here describe the estate sold] was 
offered for sale, and was then and there struck off to E. 

F., of P., in said county, for the sum of dollars, he 

being the highest bidder therefor. Now, therefore, know 
ye that I, the said A. B., by virtue of the power and au- 
thority in me vested as aforesaid, and in consideration of 

the aforesaid sum of dollars, to me paid by the said 

E. F., the receipt whereof is hereby acknowledged, do 
hereby grant, bargain, sell, and convey to said E. F., his 
heirs and assigns, the above-described land, with all thepriv- 



PROBATE FORMS. 399 

ileges and appurtenances to the same belonging. To have 
and to hold the same to hira, the said E. F., and his heirs 
and assigns forever. And I, the said A. B., for myself, 
and my heirs, executors, and administrators, do hereby 
covenant with the s;dl E. F., his heirs and assigns, that 1 
am the legal administrator of said est.ite ; that I have 
conformed to all the requirements of the law in obtaining 
license and making sale as aforesaid ; and that I have 
good right and lawful authority to sell and convey said 
lands as aforesaid. 

In witness whereof, I, the said A. B,, have hereunto set 
my hand and seal this day of , 18 — . 

[The date should be the day of sale.] 

A. B. (seal.) 

Signed, sealed, and delivered ) 
in presence of . ) 

Note. Administrators should preserve all the evidence 
of having advertised and sold the estate. 



[34.] PETITION FOR AUTHORITY TO CONTEY REAL ES- 
TATE OF A PERSON DECEASED, IN COMPLIANCE OF J 
BOND OR CONTRACT MADE BEFORE HIS DEATH. 

To the court of probate in and for the county of 



A. B., of , respectfully represents tliat C. D., late 

of on the day of , being then in full life, by 

his agreement in writing of that day, by him duly sub- 
scribed, and here in court to be produced, bound himself 
to convey, by g:)od and sufficient deed, to your petitioner 
the following described real estate [describe it], upon 
condition that your petitioner paid or cause to be paid to 

him the sum of dollars. Now, your petitioner avers, 

that he h is fully performed the condition aforesaid, on his 
part to bs performtid [or stands ready to perform it] ; 
but the said C. D. has baen prevented by death from mak- 
ing and executing a deed as aforesaid; [or ;] and 

your petitioner further represents, that E. F^ of , is 

the legal administrator of C D. ; wherefore he prays your 
honor to grant a license to said E. F., empowering him to 
make and execute a deed to your petitioner, pursuant to 
the obligation aforesaid. A. B. 



400 MAINE TOWNSMAN. 

[35.] FORM OF PETITION FOE ADMINISTRATOR OR EXEC- 
UTOR TO SETTLE HIS ACCOUNT. 

To the honorable judge of probate for the county of — — . 
A. B., of C, heir ol C. D., late of E., in said county, 

deceased, respectfully represents, that on the day of 

, E. F. was duly appointed administrator [or execu- 
tor] of said C. D., and that one year has elapsed since the 
appointment of said administrator [or executor]. Where- 
fore he prays that the said E. F. may be cited to settle his 
account, and distribute the balance among the heirs of 
said deceased ; and failing to do so, that he may be re- 
moved from the said office and trust [or that license may 
be granted to commence and prosecute a suit on his bond]. 

A. B. 



[36.] COMPLAINT AGAINST ONE WHO HAS BEEN INTRUSTED 
WITH PART OF THE DECEASEd's ESTATE, AND REFUSES 
TO RENDER ACCOUNT. 

To the honorable judge of probate for the county of . 

Complains upon oath, C. I)., executor of the last will and 
testament [or administrator upon the estate] of A. B,, 

late of , deceased, that he, some time since, intrusted 

E. F., of , with , being a part of the estate of the 

said A. B., deceased, and that said E. F. has refused to 
render account thereof to your complainant, rlthough he 
has been requested so to do. Wherefore he requests that 
said E. F. may be summoned before your honor to Tender 
such account, as by law he ought to do. C. D. 

Dated, . 



[37.] COMPLAINT AGAINST ONE WHO IS SUSPECTED OF 
CONCEALING GOODS OP A DECEASED PERSON. 

To the honorable judge of probate for the county of 



Complains upon oath, C. D., administrator upon the es- 
tate of A. B., late of , deceased, that he has good 

cause to suspect that E. F., of , has concealed or con- 
veyed away , part of the estate of the said deceased ; 

wherefore he requests that said E. F. may be cited before 
your honor, to be examined concerning the premises, or 
otherwise dealt with as the law iu such cases directs. 

Dated, . C. D. 



PROBATE FORMS. 401 

[38.] PETITION FOR DIVISION. 

To the honorable judge of probate for the county of • 



A. B., of C, in said county, respectfully represents that 
he is seized, as an heir with others [name them], in the 
real estate whereof B. B., late of -— — , died seized and 
possessed, an inventory whereof has been duly returned 
into the probate office; that his portion of the snme is 
[one third], which he is desirous of holding and possessing 
in severalty. He therefore prays that your honor would 
grant a warrant to suitable persons, authorizing them to 
make a division of said estate, and set off to each heir his 
proportion of the same. A. B. 

Dated, . 



[B9.] PETITION FOE DIVISION ACCORDING TO THE WILL 

To the honorable judge of probate for the county of . 

A. B., of , respectfully represents that he is devisee 

of C. D., late of , in said county, deceased; that he 

holds by virtue of the last will and testament of said de- 
ceased, in common and undivided with [name them], the 
following described real estate [describe it] ; an inventory 
whereof has been duly returned into the probate office ; 
that the share of your petitioner is [one fifth], which he 
is desirous of holding and possessing in severalty ; where- 
fore he prays that partition of said estate may be made 
among the devisees aforesaid, pursuant to law. 

Dated, . A. B. 



[40.] commissioners' return. 

Pursuant to the annexed warrant, we, the undersigneds 
commissioners, having notified E, F., G. R,, L H., heirs? 
[and L. M., tenant in common,] who were present [state 
who were present], have appraised all the real estate of 
which the said C, D. died seized and possessed, as follows, 
viz.: 

We have also set off to E. F., eldest son of said de- 
ceased, the following described piece or parcel, 

[description ought to be accurately made] ; and whereas 
the following described piece of land [describe it] cannot 
be subdivided without great inconvenience, and is of 
26 



402 MAINE TOWNSMAN. 

greater 7alue than the share of an heir, we have set off 
the same to G. R., and do award that he pay the sum of 

dollars to I. H., one of the heirs of said deceased, in 

such manner and time as the judge may direct. 

[If a division cannot be made, add] 

And we are of opinion that the said real estate cannot 
be divided among the heirs [or devisees] without great 
prejudice to or spoiUng the whole. 

N. O.^ 

P. Q. >- Commissioners, 
Dated, . S. T. ) 



[41.] COMPLAINT AGAINST ONE WHO REFUSES TO PAT 
HIS PROPORTION OF THE CHARGES OF DIVISION. 

To the honorable judge of probate for the county of 



A. B., of -, complains that C. D. has neglected, and 

does still neglect, to pay his proportion, being part 

of the charge of dividing the real estate of E. B., late of 

, as settled and allowed by your honor, on the 

day of 



He therefore prays your honor to gi'ant him a warrant 
of distress against the said C. D. for the sum of dol- 
lars, together with the costs of this complaint, and that 
proceedings may be had thereon. A. B. 

Dated, . 



[42.] PETITION FOR LICENSE TO SELL THE REVERSION 
OF THE widow's DOWER. 

To the honorable judge of probate for the county of . 

A. B., executor of the last will and testament [or ad- 
ministrator of the estate] of C. D., late of , deceased, 

respectfully represents that the claims of creditors on said 
estate [which has been represented insolvent, as allowed 
and exhibited by the commissioners who were appointed 
to receive and examine the same], amount to more than 
the personal estate was sufficient to pay; that he has pe- 
titioned the court, and obtained license to sell the 

real estate of said deceased, consisting of , except 

the widow's dower ther eof ; but as it is probable that the 



PROBATE FORMS. 403 

same will not sell for a sum sufficient to pay the whole of 
said claims, and that it would, in his opinion, sell for a 
higher price [or be more for the interest of the creditors, 
and] if the reversion of said dower were sold at the same 
time. He therefore requests your honor to order him to 
sell the same according to law. A. B. 

Dated, . 



[43.] PETITION FOR LICENSE TO SELL THE REAL ESTATE 
OF A MINOR [or NON COMPOS]. 

To the honorable justices of the supreme judicial court, 

next to be holden at , in and for the county of 

, on -, the day of , 18 — . 

A. B., guardian of C. D., minor, and son of E. F., late 

of , deceased, respectfully represents that the said C. 

D. is interested in the real estate of said E. F. [describe 
how he is interested, what the estate is, and all the circum- 
stances], and that therefore it would be for the benefit of 
said minor [ornon coi^ipos^ that his said interest in said 
estate should be sold, and the proceeds thereof secured to 
him on interest. 

Your petitioner therefore requests your honors to grant 
him license to make sale of the same, agreeably to the 
provisions of law. A. B. 

Dated, , 



[44.] CLAIM OF APPEAL. 

To the honorable judge of probate for the county of . 

A. B., [executor, administrator, heir, or creditor] of C. 
D., late of P., in said county, deceased, claims an appeal 
from your honor's decree [state the subject of the decree], 

made and passed within , last past, viz., at a probate 

court held at , to the supreme court of probate, next 

to be holden at . A. B. 

Dated, . 

Note. On claiming an appeal, a bond must be filed. 



404 MAINE TOWNSMAN. 

[45.] REASONS OF APPEAL. 

A. B., having claimed an appeal from the decree of the 

judge of probate for the county of , and filed his bond 

in the probate office for said county within ten days last 
past, now presents the following reasons of appeal, to the 
end that the same may be received and filed in the pro- 
bate office aforesaid, pursuant to law. 

1st. [State the reasons.] 

2d. 



[46.] CONDITION OF BOND ON APPEAL. 

(Obligation as in executor's bond.) 

The condition of the above- written obligation is such, 
that, whereas the said A. B., being interested in the estate 

of C. D., late of , did, on the day of , from 

the order and decree of the judge of probate aforesaid, 

made and passed at a probate court, held at , claim 

an appeal to the next supreme judicial court, the supreme 

court of probate, which is to be holden at , within 

and for the county of , on the day of next. 

If, therefore, the above-bounden A. B. shall, at the said 
supreme court of probate, prosecute said appeal with ef- 
fect, and pay all intervening costs and damages, and such 
costs as said court shall tax against him, then the said ob- 
ligation to be void and of no effect ; otherwise to remain 
in full force. A. B. (seal.) 

Signed, sealed, and delivered in ") 
presence of us, . ) 



PROBATE FORMS. 



405 



[47.] ADMINISTRATION ACCOUNT. 

The first account of administering the estate of C. 
late of E., deceased. 



D, 



The administrator charges 
himself for money received, 
as follows, viz. : 



And prays to be allowed 
the following payments and 
charges : 



1857. 
Junel. 



July 1, 



10. 



Aug.l4 



For amount of personal es- 
tate exclusive of demands, 
per inventory No. 1, 

By amount of sales of real 
estate sold by license, per 
account of sales No, 2, 

By cash, collected of sundry 
persons, as follows: 
[Set dovpn items.] 

By gain on sale of personal 
estate sold at auction, per 
account of sales No. 4. 



1857. 
June 5, 



July 3. 



To paid F. G., widow, hei, 
allowance made by order of 
the judge, per receipt No. 5, 

To paid sundry debts to 
different persons, as fol- 
lows, viz. : (No. 6.) 

[Set down items.] 



Aug. 1. To expense of administer- 
ing said estate, viz. : 
[Set down items.] 



No. 1. A copy or duplicate of the inventory. 
No. 2. The account of sales of real estate, together with 
the license, and certified by the administrator or executor. 

3. A list containing the debts collected, with names 
of the persons from whom collected, with amount from 
each and date of payment. 

4. The account of sales of the personal estate, certified 
by the administrator. If there should be a loss instead of 
gain, it must be carried to the debtor's side of the account. 

No. 5. The order of allowance to the widow, with her 
receipt thereon, of payment. 

No. 6. A list of debts paid, with names of persons to 
whom paid, and amount and date of payment, with the 
vouchers, numbered to correspond with the entries. 

If the estate is insolvent, no debts must be paid except 
taxes and funeral expenses ; and therefore No. 6 will not 
be necessary. 



[48.] THE SECOND ACCOUNT OF ADMINISTRATION, IF ANY 
IS NECESSARY, WILL BE AS FOLLOWS I 

A. B.'s second account of administering the estate of C. 
D., late of E , deceased. He charges himself with bal- 
ance of former account, and all further sums received, and 
prays allowance of all further payments and charges as 
before. 



406 MAINE TOWNSMAN. 

Note. Before the settlement of an administration ac- 
count, notice must be given to the persons interested. It 
would save much time and trouble if administrators, be- 
fore settling their account, would exhibit it to the persons 
interested, and obtain their consent in writing, or, if ob- 
jected to, obtain their objection. All charges in adminis- 
tration accounts not thus assented to must be supported 
by proper vouchers. 



[49.] KECEIPT TAKEN BY ADMINISTKATOR ON PAYMENT 
OF CLAIM AGAINST THE ESTATE. 

Portland, November 3, 1857. 
. Received of A. A., administrator of the estate of B. B., 

late of D., deceased, dollars, • cents, in full for 

the within note [or above account] against the deceased. 

D.D. 



[50.] RECEIPT OF LEGATEE FOK HIS LEGACY. 

Portland, November 3, 1857. 
Received of A. A., executor of the last will and testa- 
ment of B. B., late of , deceased, one hundred dollars 

[or whatever the legacy may be] in full for the legacy be- 
queathed me in and by said last will. D. D. 



[51.] RECEIPT BY HEIR FOR HIS SHARE IN THE PER- 
SONAL ESTATE. 

Portland, November 3, 1857. 
Received of A. A., executor of the last will and testa- 
ment of B. B. [or administrator of the estate], late of C, 

deceased, dollars, in full for my share of the personal 

estate of the deceased. 

Note. An administrator on paying over to an heir his 
distributive share after settlement, an executor on paying 
to a legatee his legacy, or a guardian on paying over to 
his ward, or legal representative, his property, must take 
a receipt therefor similar to the above, and return the 
same to the probate office. 



PROBATE FORMS. 407 



GUARDIANS. 



[52.] PETITION FOE APPOINTMENT OF GUARDIAN. 

To the court of probate for the county of . 

Respectfully represents A. B., that , late of 



in said county of , deceased, left , a minor, under 

the age of fourteen years, who ought to be under the 
charge of a guardian. He therefore prays that some suit- 
able person may be appointed guardian. A. B. 
Dated, . 

Note. Several children may be included in the same 
petition, if they are all to have the same guardian. 



[53.] CHOICE OF A GUARDIAN BY A MINOR OVER THE 
AGE OF FOURTEEN YEARS. 

To the honorable judge of probate for the county of 



Respectfully represents A. B., of , in said county, 

a minor, above the age of fourteen yeafs, and child and 
heir of E. E., late of , in said county of , de- 
ceased, that he does make choice of G. H., of , in said 

county, to be his guardian. A. B. 

Dated, . 



[54.] REPRESENTATION RESPECTING A NON COMPOS. 

To the honorable judge of probate for the county of 



Respectfully represents A. B., of , in said county, 

that C. D., of , is noit compos mentis^ and incapable 

to take care of himself He therefore requests that in- 
quisition be made, and a guardian appointed for the said 
C. D., as the law in such cases directs. A. B. 

Dated, . 



[55.] RETURN OF SELECTMEN TO THE ORDER OF THE 
JUDGE. 

Pursuant to the foregoing order, we have notified the 
said C. D. to be present before us, who has accordingly 
attended ; and, after due examination and inquiry, we do 



408 MAINE TOWNSMAN. 

adjudge said C. D. to be non compos mentis, and incapa- 
ble to take care of himself. 

E. F.^ 

G. H. Y Selectmen of * 

Dated, -^-^. J. K. ) 



[56.] COMPLAINT OF SELECTMEN AGAINST AN INTEM- 
PERATE PERSON. 

To the honorable judge of probate for the county of - 



Complain , , selectmen of the town 

of , that in their opinion C. D., of said town, does by 

[recite the particulars of intemperance] so misspend, 
waste, and lessen his estate, as thereby to expose himself 

to want, and the said town of to charge or expense 

for his maintenance and support. They therefore request 
your honor to appoint some person or persons as guardian 
or guardians of the said C. I). 

r H t ^^^^^^'^^'^ ^f— — • 



[57.] PETITION OF GUARDIAN TO SELL REAL ESTATE. 

To the honorable judge of probate for the county of- 



Respectfully represents A. B., of , that he is guar- 
dian of , minor, and child of , late of , in 

said county, deceased; that said minor is seized and 
possessed of the following described real estate, situated 

in , in said county, and that it would be for the 

benefit of said minor that the same should be sold, and the 
proceeds thereof put out and secured to him on interest, 
viz. : [describe the estate]. Wherefore he prays that he 
may be licensed and authorized to sell the same at public 
auction. A. B. 

Dated, . 

The guardian, as well as an administrator and executor, 
Is required to give bond that he will comply with the 
rules of law, and use due diligence in executing the trust, 
aad apply the proceeds of the sale according to law. 



PROBATE FORMS. 409 

[58.] DEED BY GUARDIAI^- OF MINORS. 

Know all men by these presents, that I, A. B., of ■ 



gentleman, as I am guardian of C. D. and E. F., minors, 
under the age of twenty-one years, by virtue of the power 
and authority granted me in my said capacity by the 
supreme judicial court, hold en at , on , in con- 
sideration of the sum of , to me paid by G. II., of 

, the receipt whereof I do hereby acknowledge, being 

the highest sum bid for the, &c., hereinafter described, at 
a public vendue, legally had and notified, do grant, bar- 
gain, sell, and convey unto the said G. H., his heirs and 
assigns, a certain messuage, &c., situate, <fcc., bounded, 
&c., and all the privileges and appurtenances to the same 
in any wise appertaining and belonging. To have and to 
hold the granted premises to him, the said G. H., his heirs 
and assigns, to his and their use and behoof forever. And 
I, the said A. B., for myself, executors, and administrators, 
do covenant with the said G. H., his heirs and assigns, 
that the said minors, at the tiftie of executing this deed, 
are seized in fee of the granted premises; that in making 
the said sale, I have in all things observed the rules and 
directions of the law, and that I will, and my heirs shall, 
warrant and defend the granted premises to the said G. 
H., against the lawful claims and demands of the said 
minors, and their heirs, and all persons claiming the 
same, by, from, or under them, or either of them. 
In witness whereof, &c. 



[59.] PETITION FOR DOWER. 

To the court of probate for the county of 



C. B., widow of A. B., late of , in said county, 

deceased, respectfully represents that the deceased died 
seized and possessed of real estate in this State, in which 
she is lawfully entitled to dower; that no part thereof 
has been assigned to her by the heirs or tenants of the 
freehold, and that she is desirous of possessing and occu- 
pying the same in severalty ; she therefore prays that her 
dower in said estate may be assigned and set out to her, 
and that commissioners may be appointed for that pur- 
pose, pursuant to law. 

Dated this day of , 18 — , 



410 MAINE TOWNSMAN. 

Note. Upon the foregoing petition, a warrant is issued 
by the judge, appointing three commissioners to assign 
and set off her dower. 



[60.] RETUEN OF COMMISSIONEKS' ASSIGNMENT OF 
DOWER. 

Pursuant to the annexed warrant, the undersigned com- 
missioners have been sworn, and have notified A. B., C. 
D., E. F., and heirs [and G. F., tenant, if the estate is in 
common], who were present [state who were present]. 
We then appraised all the real estate of which the said G. 
H. died seized and possessed, viz. : [here make a particular 
description of the same, as in a deed]. 

One hundred acres of land situated in said P , and 

bounded as follows [describe the boundaries], with the 
dwelliuGC-house and barn thereon. 



Appraised at $2000 
Wood lot « 200 
Pew " 50 



$2250 



Income $60 
3 



$63 



One-third part of the amount of income is $21. 

We do assign and set off to said F. H., for her dower, 
the following described parcels of the real estate afore- 
said [describe the part set off, yielding one-third of the 
income]. A. B. 

CD. 
E. F. 
Dated at . 

Note. Lands which yield no annual income ought not 
to be assigned for dower. 



[61.] PETITION FOR FILING AND RECORDING A COPY OP 
A WILL PROVED OUT OF THE STATE. 

To the honorable judge of probate for the county of- 



A. B., of P [or C. D., an heir or creditor], respect- 
fully represents that N. D., late of P., has deceased, tes- 



PROBATE FORMS. 411 

tate ; that his last will and testament has been duly 
proved and allowed in [insert the court] ; that your pe- 
titioner was appointed executor of said will, and letters 
testamentary have been granted him by said court ; a 
copy of which will and of the probate thereof is here in 
court produced; and your petitioner further represents 
that the said N. D. died possessed of real or personal es- 
tate [describe it and where situated] in said county of 

, on which said will operates, and which ought to be 

administered according thereto. 

Wherefore he prays that the copy of said will and pro- 
bate may be filed and recorded in the probate office in 

said county of -, and such proceedings had thereon as 

to law and justice shall appertain. A. B. 

Dated, . 



[62] CAVEAT, OR REQUEST OF A PERS0:N" INTERESTED 
TO BE NOTIFIED BEFORE ANT PROCEEDINGS ARE HAD 
IN THE PROBATE COURT IN A CERTAIN ESTATE. 

To the court of probite for the county of—; — . 

Respectfully represents A. B., of C, in said county, that 
he is one of the heirs of, and interested in the estate of 

C. D., late of F , in said county, deceased. Wherefore 

he prays that no administration on said estate may be 
granted [or vary the form to suit any case] until your pe- 
titioner has been duly notified thereof. A. B. 

Dated, . 



[63.] NOTES. 

An administrator or executor should protect all the in- 
terests of the estate he represents. If the estate is sol- 
vent, he is the agent or trustee of the heirs; if insolvent, 
of the creditors. Negligence and delay in settling estates 
prove detrimental to the interest of the heirs and credi- 
tors. 

1. He should therefore cause the inventory to be imme- 
diately taken. 

2. He should cause the widow's allowance of personal 
estate to be obtained. 

3. He should (if he do not take the personal estate at 



412 MAINE TOWN'SMAN. 

the appraised value) obtain a license to sell it, and make 
sale thereof; otherwise he is liable at the inventory. 

4. He should be vigilant in collecting all debts due the 
estate, and in ascertaining all debts against the estate. 

5. If the estate is solvent, he should pay all debts so 
soon as he has funds. 

6. If the estate is insolvent, he should apply for license 
to sell the real estate, file a petition, and obtain an order 
of notice. At this time he must exhibit an accurate list 
of -all the outstanding debts, and an estimate of all the 
expenses of administration, and the amount of all the 
available funds due the estate. Bafore selling the real 
estate, he should cause the widow's dower, if any, to be 
assigned. 

• 7. If the estate is insolvent, the administrator should 
apply for a commission of insolvency, and procure license 
to sell all the real estate. H3 must see that the report of 
the commissioners is completed and duly returned, and 
that th3 order of notice is taken out and published. 

8. Bafore the administrator can settle his final account, 
a notic3 thereof must be given, and he must show that 
such notic3 has been published. His account, if practica- 
ble, should be exhibited to the heirs or creditors for their 
examination. 

9. When the estate is large, and it is necessary to settle 
an account previous to the final account, the proper time 
to do it is after the sale of the personal estate. 

10. When the deceased person was a member of a part- 
nership, the whole partnership property shall be appraised, 
and the deceased person's share shall be carried out in the 
inventory. The property may then be left with the sur- 
viving partner, who shall give bond for its faithful man- 
agement, and for the payment of the deceased's proportion 
over to the administrator, after settling the partnership 
debts. 



MISCELLANEOUS FORMS. 



depositio:n"s 



Form of Summons to Deponent. 

To C. D., of , in the county of 



Greetin<^ 

Whereas, A. B., of , in the county of ^ has re- 
quested me to take your deposition, to be used in an 

action now pending between him and E. F., of , in 

the county of , and the , of , in the town of 

, and the day of , at — of the clock, in the 

noon, are the time and place appointed for taking 

the same deposition ; you are therefore required, in the 

name of the State of , then and there to appear, to 

testify what you know relating to said action. 

Dated this — — day of , a. d. 18 — . 

G. H., Justice of the Peace, 

Form of Citation to the adverse Party. 
-, ss. To , of , in the county of — — , 



Greeting. 

Whereas, A. B., of , has requested that the deposi- 
tion of C. I)., of -, may be taken to be used in an 

action of , pending between you and the said A. B., 

and the of , in , and the day of ^ 

at — of the clock in the noon, are the time and place 

appointed for said deponent to testify what he knows re- 
lating to said action ; you are hereby notified that you 
may be present and put such questions as you may think 
fit. 

Dated this day of , a. d. 18 — . 

E. F., Justice of the Peace. 

Form of a Caption of a Deposition. 

C , ss. On the day of , 1872, personally 

appeared the within-named A. B., at the office of ^ in 

', in said county, and being first sworn to testify to 



414 MAINE TOWNSMAN. 

the truth, the whole truth, and nothing but the truth, 
relative to the cause for which his deposition was to be 
tal^en, gave the foregoing deposition, which was reduced 
to writing by me, in his presence. Taken at the request 

of E. F., to be used in an action of , now pending 

between him and , before [here state the court, 

justice, or referees, and the time and place of trial]. And 
the adverse party was notified to attend, and was present 
[or not]. The said deponent living more than thirty 
miles from the place of trial [or, being so aged, infirm, or 
sick, as not to be able to attend the place of trial, or 
residing out of the State, or being bound to sea on a 
voyage, or being about to go out of the State before the 
session of the court, and not to return in time for the trial, 
or being confined in prison], is the cause of taking this 
deposition. 

Note. Such deposition may be delivered by the justice 
or notary to the court, or referees, or be inclosed and 
sealed up by him, and directed as follows : 

To the honorable the justice of the court, next to 

be holden at , within and for the county of , on 

the day of , next. 

The deposition of , to be used in case of A. 

B. vs. C D., now pending in said court. 

Taken and sealed up by me, 

G. H., Justice of the Peace. 

The law requires that the deponent must be sworn 
before giving his deposition. 

Deposition in Perpetuam, 

When any person wishes to perpetuate the testimony 
of any witness, he must make a statement in writing, o;i 
oath, to a magistrate, requesting the person selected tj 
take the deposition of such witness, who is required to 
give notice to all persons named in the statement, as 
interested. 

1. Form of statement. 

To A. B., justice of the peace and quorum for the county 
of—. 
0. D., of ^ in the county of—, and State of 



MISCELLANEOUS FORMS. 415 

respectfully makes the following statement, to wit : [here 
set forth, in substance, his title, interest, or claim, in or to 
the subject to which the desired testimony relates, and 
the n:imes of all persons who are supposed interested 
therein ; and also the name of each witness proper to be 
examine 1] ; wherefore he prays that notice shall be given 

to said , , , persons named as aforesaid, that 

the depositions of said , , , may be taken 

before you, in relation to the premises, to be preserved in 
perpetual remembrance. C. D. 

C , ss. June, — , 18 — . Personally appeared C. D., 

id made ( 
to be true. 



and made oath that he believes the foregoins: statement 



Before me, J. K., Justice of the Peace. 

2. Form of notice. 

C , ss. 

To ^ of ^5 in the county of , Greeting. 

You are hereby notified that the deposition of 

will be taken before A. B., justice of the peace and 
quorum (or a notary pubHc) for the county of ^ rel- 
ative to [here state the matter to which the deposition 
relates] ; to be preserved in perpetual remembrance of 

the thing ; and the office of , in ^ and the 

day of , at — o'clock in the noon, are ap- 
pointed as the tiiue and place for said deponent to testify 
what he knows relating to the said matter. 

Given under my hand (and seal) this dav of ^, 

18 — . K.^,^ Justice of the Peace and Quorum. 

Note. There should be a return and affidavit of service 
of notice. 

3. Form of certificate annexed to deposition. . 

C , ss. August — , 18 — . I certify that the annexed 

deposition was taken by me, A. B., justice of the peace 

and quorum for said county of , at my office in ■, 

in said county, on the day of , 18 — , at — • 

o'clock in the noon, at the request of ^ to be 

preserved in perpetual remembrance. And I duly no- 
tified , who were present [or not, as the case 

may be]. Said deposition was reduced to writing by me, 
was read to and subscribed by the deponent in my pres- 



416 MAINE TOWNSMAN. 

ence, the said deponent having first made oath that he 
would testify to the truth, the whole truth, and nothing 
but the truth, relative to the matters for which his said 
deposition was to be taken. 

A. B., Justice of the Peace and Quorum, 

!N"oTE. The said statement, deposition, and certificate 
should within pinety days be recorded in the registry of 
deeds in the county where the land lies, and, if not relat- 
ing to real estate, in the county where some of the parties 
reside. 

Form of a Submission before a Justice of the Peace. 
Know all men by these presents, that we, A. B., of 



in the county of , and C. D., of — — , in the county 

of , have agreed to submit the demand made by the 

said , against the said , which is hereunto an- 
nexed ["and all other demands between the parties," as 

the case may be], to the determination of , the report 

of whom [or the major part of whom] being made within 
One year from this day to the supreme judicial court for 

the said county of , the judgment thereon shall be 

final. And if either of the parties shall neglect to appear 
before the referees, after proj^er notice given to him of 
the time and place appointed by the referees for hearing 
the parties, the referees may proceed in his absence. 

Dated this day of , a. d. 18 — . A. B. 

C. D. 

Acknowledgra ent . 

-, ss. June — , 18 — . Then personally appeared 



the above-named A. B. and C. D., and acknowledged the 
foregoing instrument, by them subscribed, to be their free 
act. E. F., Justice of the Peace. 

Form of demand annexed. 

A. B., of ^ demands against 0. D., of , the sura 

of forty-five dollars, being the price of one yoke of oxen, 
sold and delivered by said A. B. to said C. D. [Or the 
amount of the account hereto written.] 



Notice by chairman of referees. 



To A. B., of 



1 have appointed the day of , at — o'clock in 



MISCELLANEOUS FORMS. 417 

the , at the dwelling-house of , in , county 

of , as the time and place for hearing the parties in 

the case submitted to us by C. D. and yourself. 
Dated, . E. T. 

Arbitration Bond. 

Know all men by these presents, that I, A. B., of , 

am held and firmly bound to C. D., of , in the sum 

of dollars, to be paid to said C. D., to which payment 

I bind myself and my heirs firmly by these presents. 

^Sealed with my seal. 

Dated the day of , 18 — . 

The condition of this obligation is, that if said A. B, 

shall perform the award of , referees mutually chosen 

to adjudge and detennine concerning all demands existing 
between the parties, so far as said award is made in writ- 
ing, then this obligation shall be void. 

A. B. (seal.) 

Form of Aivard. 

The referees named in the annexed agreement, having 
given to the parties due notice of the time and place of • 
hearing, and having all heard, examined, and considered 
the allegations, evidence, and witnesses of both parties, 
do award that the said A. B. recover of the said C. D. the 

sum of dollars, and cost of reference, taxed at 

dollars. E. F. 



L. M. >- Referees. 

Bill of Sale of G-oods. 
Know all men by these presents, that I, A. B., of ■ 



merchant, for and in considerntion of the sum of dol- 
lars, to me in hand paid by C. D., of the same place, at 
and before the sealing and delivery of these presents (the 
receipt wherevof is hereby acknowledged), have bargained, 
sold, and delivered, and by these jiresents do bargain, sell, 
and deliver unto the said C D. [here insert the particu- 
lars]. To have and to hold the said goods unto the said 
C. 33., his executors, administrators, and assigns, to his and 
their own proper use and benefit forever. And I, the said 
A. B., for myselij and my heirs, executors, and administra- 

27 



418 MAINE TOWNSMAN. 

tors, will warrant and defend the said bargained premises 
unto the said C. D., his executors, administrators, and as- 
signs, from and against all persons whomsoever. 
In witness, &c. 

INToTE. !N"o contract for goods, &c., for thirty dollars or 
more, shall be good unless the purchaser accepts some- 
thing in earnest to bind the bargain, or some note in writ- 
ing be signed by the party charged, or his agent. 

Letter of Attorney, 

Know all men by these presents, that I, A. B., of 
-, do appoint C. D., of ^ my attorney, for me, and 



in my name, and to my use (or his use), [here recite the 
special purposes of the power], to demand, recover, and 

receive of E. F., of , [all sums of money, debts, and 

demands whatsoever, which are now due and owing to 
me by or from said E. F.] ; [or, if to receive a legacy, say, 
"from I. B., executor of the will of A. B., late of , de- 
ceased, a legacy of dollars, bequeathed by said A. B. 

by his will, dated the -, to be i^aid to me on "] ; 

[or, if to receive rent, say, "from E. F., of , all rent 

which is or may become due from him, for , leased by 

me to him "] ; [or, if to receive money due on a bond, say, 

" of E. F., of , the sum of , due to me by his bond, 

dated "] ; [or, if to receive sailor's wages, say, "from 

any person, all such sums of money as or may be due me 
for wages from any vessel to which I do or shall be- 
long"]; and to commence and prosecute to final judg- 
ment all processes in law or equity; to defend all suits 
against me ; and to settle and compromise all matters in 
dispute, or submit the same to arbitration ; and sufficient 
discharges for the same, for me and in my name, to exe- 
cute and deliver; and to do all other things concerning 
the premises, as fully as I myself could do, if I were per- 
sonally present ; hereby ratifying and confirmhig all the 
acts of my said attorney, or of his substitutes, by virtue of 
these presents. 

In testimony whereof, I have hereunto set my hand and 
seal the day of . 

Signed, sealed, and delivered) A. B. (seal.) 

in presence of — . ) 

Note. If the letter of attorney go into another State, 



MISCELLANEOUS FORMS. 419 

it should be acknowledged before a justice of the peace, 
or notary public. 

Revocation of the Power of Attorney. 

To all persons to whom these presents shall come, A. B., 

of , sendeth greeting. 

Whereas I, the said A. B., by my letter of attorney 

bearing date , did constitute, &c., C. D. my attorney 

for certain purposes, and with certain j^owers in the said 
letter of attorney contained : ISTow know ye that I, the 
said A. B., for divers considerations me hereunto moving, 
have made void and revoked, and do hereby make void 
and revoke, the said letter of attorney, and all and singu- 
lar the powers given by virtue thereof. A. B. 

In witness, &c. 

G-uarantee for Payment of Goods sold to a third Person. 

Sir: 

In consideration of your having agreed to sell to C. D., 

of ^ in the way of his trade, such goods as he may 

call for, I, the undersigned A. B., do hereby promise to 
guarantee to you, the saifl E. F., that said C. D. shall make 
due payment for such goods as you may sell to him or his 
order, according to the credit that may be agreed on for 
the same, without notice of any neglect or omission on the 
part of said C. D., in the payment of such goods ; provided 
my liability shall not exceed, at any one time, the sum of 

dollars. And this guarantee shall continue in force 

until the expiration of one year from this date. 

Dated, . A. B. 

To Mr. E. F. 



COPARTNERSHIP. 



Agreement of Copartnership. 

A. B., of , and C. D., of , agree as follows : 

The parties agree to become partners for the purpose of 
buying and selling such goods as are usually kept for sale 

or purchased at a retail sto^'e, in the town of , for five 

years from this date. 



420 MAINE TOWNSMAN. 

1. The style of said copartnership shall be 

and Company. 

2. Said parties have each contributed one thousand 
dollars as the capital stock of said firm. [Or as the case 
may be.] 

3. All profits shall be equally divided ; and all expen- 
ses of the business, and all losses, shall be equally borne in 
common. 

4. Both parties shall give all their time and attention 
to the business of said firm for the common benefit ; 
and neither party shall engage in any trade or business 
for his private advantage. 

5. Co'rrect books of account shall be kept, which shall 
always be open to the inspection of both i3arties, or their 
legal representatives, in which shall be regularly entered 
all moneys received and paid, and all purchases, sales, 
transactions, and accounts relating to the business of said 
firm. 

6. An account of stock shall be taken and the accounts 
between the said parties shall be settled as often as once 
in every year, and oftener if requested in writing by 
either party. ^ 

7. Neither of the said parties shall become surety for 
any person, or bind the firm for surety, in any case, with- 
out the written consent of the other. 

8. No money or other property shall be withdrawn by 
either party, or applied to his own use, except with the 
written consent of the other party ; and in every such 
case the same shall be charged, and his share of profits 
reduced in proportion to the amount withdrawn. 

9. At the close of the partnership, the stock, property, 
and debts shall be equally divided, after paying the debts 
and liabilities of the firm. 

Witness our hands and seals this day of , 

A. D. 18—. A. B. (seal.) 

Signed, sealed, and delivered ) C. D. (seal.) 

in the presence of . ) 

Note. The first entry in the day-book should be the 
above agreement. 

Agreement to continue a Partnership, 

We, the within-named A. B. and C. D., do, by these 
presents, declare and mutually covenant and agree unto 



MISCELLANEOUS FORMS. 421 

and with each other, his and their executors, administra- 
tors, and assigns, to continue the joint trade and partner- 
ship within-mentioned for the further term of years, 

if both of us shall so long live, to be accounted from the 

expiration of years Trom the day of , 18 — , 

with all the provisions and restrictions herein contained. 
In witness, &c. 

A dissolution of Copartnership. 

A. B., of , and C. D., of , agree as follows : 

The partnership existing between said parties, under the 

firm of , is dissolved. Said A. B., in consideration of 

$ , paid to him by said C. D., grants and assigns to 

said C. D., all his interest and right in all the goods and 
stock of said firm, and in all the debts and demands due 
said firm, with full power to collect them by suit or other- 
wise in the name of said A. B., and for his own use. 

Said A. B. agrees that he will not do any act by which 
said C. D. may be delayed or hindered from collecting 
any of said debts or demands ; and that he will, on re- 
quest, execute any proper instrument for enabling said 
C. T>. to collect the same. 

Said C. D. agrees to pay all debts and demands existing 
against said firm, and to indemnify and save harmless 
said A. B. from any loss, cost, damage, or expense to 
which he may be subject by reason of the same. 

Witness our hands and seals, the day of , 

18—. 

Signed, sealed, and delivered ) A. B. (seal.) 

in presence of . j C. D. (seal.) 

Notice on dissolution of Copartnership. 

Notice is hereby given that the partnership lately sub- 
sisting between A. B. and C. D., both of , under the 

firm of , expired on (or was dissolved on , 

by mutual consent). All debts owing to the said part- 
nership are to be received by said A. B., and all demands 
on the said partnership are to be presented to him for 
payment (or, A. B. is authorized to settle all debts due to 
and by the said company). 

Notice where only one Partner leaves the Firm. 
Notice is hereby given that the partnership between A. 



422 MAINE TOWNSMAN. 

B. and C. T>. and E. F. was dissolved on the day of 

, so far as relates to the said E. F. All debts due to 

the said partnership are to be paid, and those due from 

the same discharged, at the store of the late firm in , 

where the business will be continued under the firm of 
B. and D. 

Note. It is proper to publish a notice immediately 
after a dissolution of a partnerehip, for the information 
of the public at large, and to send a special notice to all 
persons who had dealings with the company. 

Limited Partnerships in Maine. 

Persons forming such partnerships, shall sign a certifi- 
cate as follows : 

Notice is hereby given that the subscribers have formed 
a partnership under the name or firm of Wilcox & Rice ; 

that George Wilcox, of ^ and Charles Rice, of , 

are general partners, and Thomas Anderson, of •, is 

special partner; and that said special partner has contrib- 
uted to the common stock of said partnership the sum of 
five thousand dollars. The business to be conducted by 

said firm in the city of , is a general commission and 

forwarding business. Said partnership commences on 

, and is to terminate on . 

Dated at Portland, this day of , 18 — . 

George Wilcox, 
Chaeles Rice, 
Thomas Anderso^n". 

Note. The above certificate must be acknowledged by 
all the parties, and recorded in the registry of deeds of 
the county ; and after such registry, published in a news^ 
paper printed in the county. 



MISCELLANEOUS FORMS. 423 



AGREEMENT. 

General form of Agreement. 

Articles of agreement, made and concluded, the day 

of , A. D. 18 — , by and between A. B., of , in 

the county of , of the one part, and C. D., of , 

in the county of •, and State of Maine, of the other 

part. 

The said A. B. for the consideration hereinafter men- 
tioned, doth hereby covenant and agree, that . 

And the said C. D. doth hereby covenant and agree ■. 

To the true performance of the several covenants and 
agreements aforesaid, the said parties do hereby respect- 
ively bind themselves, and their respective heirs, exec- 
utors, and administrators, each to the other, his executors, 
administrators, and assigns, in the penal sum of dol- 
lars. 

In testimony whereof, they have hereunto interchange- 
ably set their hands and seals, the day and year above 
written. A. B. (seal.) 

C. D. (seal.) 
Signed, sealed, and delivered in ) 
presence of J. D. and R. II. | 



Agreement on Sale of Corn. 

It is agreed by A. B., of , and C. D., of , as 

follows : 

Said A. B. agrees to sell and deliver to said C. D., at 

his store in , on or before the day of , one 

hundred bushels of corn, warranted to be good and mer- 
chantable. 

Said C. D- agrees to pay said A. B. dollars, in cash, 

in full for said corn, on delivery. 

Witness our hands and seals, the day of ^ 

18—. A. B. (seal.) 

C. D. (seal.) 

Signed, sealed, and delivered "|_ 
in presence of . ) 

If to convey Land. 

Said A. B. agrees to convey to said C. D. in fee, a cer- 
tain tract of land [describe the premises] by a warrantee 



424 MAINE TOWNSMAN. 

deed, in common form, for dollars, on or before the 

next. Said C. D. agrees to pay said A. B. dol- 
lars for the same, on delivery of the deed ; and said C. D. 
may enter upon and occupy the premises, on , 

[Insert a penalty for non-fulfillment.] 

If to build a House. 

Said A. B. agrees to construct and complete for said C. 

D., on lot numbered , on ■ street, in M., a two 

story dwelling-house, agreeably to the following plan and 
specifications, signed by the parties [here state the plan, 
&c.] ; to furnish all necessary materials, of good and suit- 
able quality, and the work to be done in a thorough and 

workmanlike manner, on or before the next, for the 

sum of one thousand dollars. 

Said C. D. agrees to pay said sum of one thousand dol- 
lars, as follows [here recite the time and manner of pay- 
ments]. 

Witness our hands and seals, the day of . 

Specifications for the Construction of Buildings. 

Note. Specifications for the construction of buildings 
are extremely various. All that will be attempted will 
be to direct attention to the particulars which would ordi- 
narily be embraced in a specification. 

Specifications. Materials — size of building — height of 
stories. 

Cellar. Size — depth — walls — quality of stone — thick- 
ness — how laid — posting — underpinning — depth — 
how hnmmered — lined. 

Cellar Windows. How many — where — size — sash — 
glass. 

Rollway. Where — how constructed — doors. 

Frame. Size of timbers — floor joists — rafters — how far 
apart. 

Boof. Pitch — how framed — qualities of boards — 
shingles, quality — length — how laid — weather and 
saddle-boards — lead about chimneys — dormer win- 
dows — gutters — conductors — scuttle. 

Outside. How boarded — clapboards, quality — how laid 
— weather-boards — pilasters. 



MISCELLANEOUS FCriMS. 425 

Chimneys. Foundations — quality of bricks — arch — 
trimmers — firejjlaces, how many — where — what sizes 

— hearths and jams, what — flues — size — separate — 
plastered — oven and ash-hole — arched — kind of doors 

— chimney tops — quality of bricks — height. 
Windows. How many — where — size — sashes — springs 

— weights — glass, size — quality — finish — outside — 
inside — shutters — blinds — fastenings. 

Doors. Outside — finish — inside — hpw many — size — 
thickness — panels — finish — locks — latches — finish 
of castings — steps — scrapers. 

Floors. Double — under floor — quality of boards — up- 
per — quality — width — ■ thickness — seasoning — 
mop-boards — width, &c. 

Lathing and Plastering. Furrings, how close — laths, 
quality — mortar — sand, what — hair — thickness — 
number of coats — how put on. 

Closets. How many — where — shelves — pins. 

Stairs. Front — what — finish — balusters — back, cel- 
lar, and garret stairs. 

Sink. How many — spouts, what, where — pump —• 
where — what. 

Assignment of a Debt or Bond. 
Know all men by these presents that I, A. B., of 



in consideration of dollars, to me paid by C. D., of 

—. — , do hereby grant, sell, and assign to said C. D. a cer- 
tain debt due me from E. F., of , for goods sold and 

delivered [or, if a bond, a certain bond, dated the ^, 

made to me by G. H. for dollars, conditioned for the 

payment of dollars], Avith full powers to collect and 

discharge or dispose of the same in my name, at his pleas- 
ure, at his own expense and risk. And I do hereby cove- 
nant that said debt is justly due, and that I have not done, 
and will not do any act by which the collection thereof 
may be hindered or prevented. 

Witness my hand and seal, the day of , 18 — . 

Signed and sealed in presence of . A. B. (seal.) 

Assignment hy Indorsement of a Judgment^ Mortgage^ 
or Lease, 

Know all men by these presents that I, E. D., the with- 
in named, in consideration of — '- dollars, to me paid by 



426 MAINE TOWNSMAN. 

L. M., of , do hereby grant and assign to said L. M. 

the judgment within mentioned, with full power to re- 
cover the same for his own use, at his own risk and ex- 
pense. [If a mortgage, say, " do hereby grant and assign 
to said L. M. the within mortgage, the debt thereby se- 
cured, and all my right to the premises thereby con- 
veyed."] [If a lease, then say, "do hereby grant and 
assign to him, the said L. M., the lease within written, and 
do hereby covenant that I have not done, and will not 
do any act by which said lease may be impaired."] 

Witness my hand and seal, the day of . 

E. D. (seal.) 

Assignment of a Bomer. 

This indenture, made between A. B., of •, and E. 

D., of , widow of C. D., late of , deceased, wit- 
nesses : 

That A. B. hereby assigns to ^ [name the premises], 

to hold to her, during her natural life, as her dower in all 
the lands and tenements whereof the said C. D. was 
seized at the time of his decease; and said E. D. hereby 
accepts the said premises as her dower in all the said lauds 
and tenements, and releases her right and claim to all the 
residue of the same lands and tenements. 

Witness our hands and seals, the day of . 

Signed, sealed, and delivered ) A. B. (seal.) 

in presence of . ) E. D. (seal.) 

Assigmpent of a Man^s whole Estate in Trust for his 
^ Creditors, 

Know all men by these presents, that I, A. B., of 



in consideration of one dollar, to me i^aid by C. D., of 

, and of the trusts herein expressed, do grant and 

assign to said 0. D. all my property, estate, rights, and 
credits, of every description (a schedule thereof is hereto 
annexed), to have and to hold the same to said C. D. and 
his heirs, in trust to sell and dispose of said property to 
the host advantage, and collect and convert into money 
the said debts and demands, and after deducting from the 
proceeds of sail property the expenses incurred by said 
C. D. in transacting the business, and a reasonable com- 
pensation for his services, to divide and pay the said 
proceeds among all the creditors of A. B. who shall be- 
come parties to this assignment within three months from 



MISCELLANEOUS FORMS. 427 

the date hereof, in equal proportion to their respective 
claims. 

C. D. agrees to execute said trust, being responsible 
only for his actual receipts or willful defaults. The cred- 
itors whose names are subscribed agree to said assignment, 
and that this instrument shall be a release in full of all 
their claims, whenever their just j^roportion of all the pro- 
ceeds of said property shall be paid. 

Witness our hands and seals, the day of , 

A. D. 18—. A. B. (seal.) 

Signed, sealed, and delivered \ C. D. (seal.) 

in presence of . j" 

Note. This assignment should be sworn to as follows : 

I do solemnly swear that I have placed and assigned 
all my property, of every description, in the hands of said 
C D. to be divided among all my creditors who shall be- 
come parties to said assignment within three months from 
the date thereof, in proportion to their respective claims. 

A. B. 

C , ss. , 18 — . Personally appeared A. B., and 

made oath that the above affidavit, by him subscribed, is 
true. Before me, J. L., Justice of the Peace, 

A clause is usually inserted whereby the creditors cov- 
enant to discharge the debtor, in consideration of the 
assignment of his property. 

Declaration of Trust, 

I, A. B., of ^ do hereby acknowledge and declare 

that a certain writing [here describe the particular instru- 
ment] is left and deposited in my hands, by and in trust 

for C. D. and E. F., of , to be held by me and my 

legal representatives only in trust, for the convenience, 
use, benefit, and advantage of said C. D. and E. F., and 
their legal representatives ; and on demand from them, or 
either of them, that I will produce the same, for the use 
of either or both of said parties. 

Witness my hand, the — — day of , 18 — . 

A. B. 



428 MAINE TOWNSMAN. 

Bond, 

Know all men by these presents, that I, A. B., of CX, 
am held and firmly bound to C. D., of L., in the sum of 
dollars, to be paid to said C. D., or his attorney, ex- 
ecutors, administrators, or assigns, for which payment well 
and truly to be made I bind myself, my heirs, executors, 
and administrators, firmly by these presents. 

Sealed with my seal. 

Dated the day of . 

The condition of this obligation is such, that if the 
above-bounden A. B., his heirs, tfec.', do and shall well and 
truly pay, or cause to be paid, unto the above-named C. 

D., his executors, &c., the full sum of dollars, with 

lawful interest for the same, on ■ next ensuing, 

without fraud or delay, then this obligation to be void ; 
otherwise the same shall remain in full force. 

A. B. (seal.) 

Sealed and delivered in j^resence of . 

Release of Debt on mislaid or lost Bond, 

Know all men by these presents, that I, A. B., of C, &c., 
have received of C. D., of said C, two hundred dollars, 

in full satisfaction of a certain bond bearing date the 

day of , A. D. 18 — , for the sum of four hundred dol- 
lars, with a condition to be void on payment of the sum 
of two hundred dollars in two years, made and executed 
by the said C. D. to me, the said A. B. (which bond is now 
lost or mislaid, so that it cannot be found to be delivered 
up to the said C. D. to be cancelled) ; and I do hereby 
release and discharge the said C. I), from all demands 
which I have against him by virtue of said bond. 

In witness whereof I have hereunto set my hand and 
seal, this day of , a. d., 18 — . 

Signed, sealed, and delivered ) 

in presence of \ A. B. (seal.) 

J. S. 
S. D. 

Condition to maintain a Person, 

[Obligation as in the preceding bond.] 

The condition of this obligation is such, that if the 
said A. B. shall, during the natural life of said C. D., 



MISCELLANEOUS FORMS. 429 

suitably support and maintain the said C. D., and provide 
him with suitable clothes, food, drink, medicine, and 
nursing, and all other things necessary, in the house of 
said A. B. [or in such suitable house as said A. B. may 
provide], then this obligation shall be void ; otherwise 
the same shall remain in full force. 

Condition of Indemnity for signing a Probate Bond. 

The condition of this obligation is such, that if said A. 
B. shall indemnify said C. D. against all loss, cost, 
damage, and expense to which he may be subjected by 
reason of his signing, at the request, and as surety for 
said A. B. a bond to the judge of probate of the county 

of , in the penalty of dollars, conditioned for 

the fliithful discharge by said A. B. of his duties, as 
executor of the will of G. D., deceased, then this obliga- 
tion shall be void ; otherwise, the same shall remain in 
full force. 

Condition of a Bond of a Treasurer of a Company. 

Whereas the above-bound A. B. has been chosen treas- 
urer of the trustees of Academy, by reason whereof 

he will receive into his hands divers sums of money, notes, 
chattels, and other things, the property of said trustees; 
now the condition of this obligation is such, that if said 
A. B., his executors or administrators, at the expiration 
of his said office, upon request to him or them to be 
made, shall make and give unto the said trustees a true 
and just account of all such sum or sums of money, notes, 
chattels, and other things, as have come into his hands or 
possession as treasurer aforesaid, and shall pay and de- 
liver over to his successor in office, or any other person 
duly authorized to receive the same, all such balance or 
sums of money, notes, chattels, and other things, as shall 
be in his han Is, an I due by him to the said trustees, then 
this obligation to be void, otherwise, &c. 

Condition to a Town for the Support of a Bastard Child, 

The condition of this obligation is such, that if the said 

A. B. shall indemnify the said town of from all 

expenses, costs, and damages which may accrue by reason 
of the birth, maintenance, or education of a certain bas- 



430 MAINE TOWNSMAN. 

tard cMld with whicli one E. F. is now pregnant, and of 
which said E. P. has on oath complained that said A. B. is 
the father, then this obligation shall be void, otherwise, 



Condition to pay a Woman for the Support of a Bastard 
Child, 

The condition of this obligation is such, that if said A. 
B. shall pay to said C. D. towards the support and main- 
tenance of a bastard child of which said C. D has lately 
been delivered, and of which said C. D. has on oath com- 
plained that said A. B. is the father, per week, from 

the day — , during years, if said child shall 

80. long live, then this obligation to be void, otherwise, &c. 

Mortgage Deed, 

Know all men by these presents that I, William Allen, 
of Gorham, in the county of Cumberland, and State of 

Maine, trader, for and in consideration of dollars 

paid by Charles Knox, of Alfred, in the county of York, 
and State aforesaid, yeoman, the receipt whereof I do 
hereby acknowledge, have given, granted, bargained, sold, 
and conveyed, and do hereby give, grant, bargain, sell, 
and. convey unto the said Knox and his heirs and assigns 
forever [describe the premises]. 

To have and to hold the siid premises, with all the 
privileges and appurtenances to the same belonging, to 
the said Knox, his heirs and assigns forever. And I do 
covenant with the said Knox, his heirs and assigns, that I 
am lawfully seized in fee-simple of the aforegrante 1 
premises; that they are free from all incumbrances; th it 
I have good right to sell and convey the same, in manner 
aforesaid; and that I and my heirs will warrant and 
defend the same to the said Knox and his heirs an:l 
assigns forever, against the lawful claims of all persons. 

Provided, nevertheless, that if I, the said Allen, my 
heirs, executors, or administrators, shall pay to the said 
Knox, his heirs, executors, administrators, or assigns, the 
sum of five hundred dollars, with interest, within one year 
from date, agreeably to my note of even date for that 
sum, payable to said Knox or order, then this deed shall 
be void ; otherwise it shall remain in full force. 



i 



MISCELLANEOUS FORMS, 431 

In witness whereof, I have hereunto set my hand and 

seal, this day of , a. d. 18 — . 

William Allen, (seal.) 
Signed, sealed, and delivered in presence of . 

STATE OE MAINE. 

Cumberland, ss. ■ , 18 — . The ^bove-named Wil- 
liam Allen acknowledged the foregoing instrument to be 
his voluntary act and deed, before me, 

A. D., Justice of the Peace, 

Note. 1. In a mortgage deed, may be inserted a pro- 
viso to keep the premises insured. 

Provided, nevertheless, that the said William Allen 
shall keep the building standing on the land aforesaid in- 
sured against fire, in a sum not less than dollars, for 

the benefit of said mortgagee, and his executors, adminis- 
trators, and assigns, at such insurance office as said Knox 
shall approve. 

2. Condition that mortgager shall occupy. 

Provided that, until condition broken, said William 
Allen, doing no waste, shall retain possession of said prem- 
ises, for his own use. 

Mortgage Deed of Personal Property. 
Know all men by these presents, that I, A. B., of 



in the county of , in the State of , gentleman, in 

consideration of the sum of one hundred dollars, to me 

paid by , of ^ in the county of , in the State 

of , Esquire (the receipt whereof is hereby acknowl- 
edged), have granted, bargained, and sold, and by these 

presents do grant, bargain, and sell, unto the said , 

the following described articles of personal property [de- 
scribe the articles sold] ; to have and to hold all and sin- 
gular, the said , unto the said , his executors, 

administrators, and assigns, to his and their sole use for- 
ever. 

And I, the said , for myself, my executors and ad- 
ministrators, do covenant to and with said , his 

executors, administrators, and assigns, that I am lawfully 



432 MAINE TOWINSMAN. 

possessed of the said , as of my own property ; that 

the same are free from all incumbrances ; and that I, and 
my executors, &c., will warrant and defend the same to 

the said , his executors, &c., against the lawful claims 

and demands of all persons. 

Provided, nevertheless, that if said , his executors 

or administrators, shall well and truly pay to the said 
, his executors, administrators, and assigns [here de- 
scribe the note or debt which the mortgage is given to 
secure], then this obhgation shall be void ; otherwise to 
remain in full force. And provided, also, that until de- 
fault by the said , his executors or administrators, in 

the performance of the condition aforesaid, it shall and 
may be lawful for him to keep possession of said granted 
property, and to use and enjoy the same ; but if the same, 
or any part thereof, shall be attached before payment, &c., 

by any other creditor or creditors of said , or if the 

said shall attempt to sell the same without notice to 

said , and without his assent to such sale in writing 

expressed, then said may take immediate possession 

of the whole of said granted property to his and their 
own use. 

In testimony whereof, I, the said •, have hereunto 

set my hand and seal, this day of , a. d. 18 — . 

[To be acknowledged.] A. B. (seal.) 

]N"oTE. In Maine, possession of the mortgaged property 
should be delivered to, and retained by, the mortgagee, 
unless the mortgage be recorded by the clerk of the town 
where the mortgager resides. 

Quitclaim Deed. 

Know all men by these presents, that I, A. B., of C j 

in the county of , in the State of , yeoman, in 

consideration of one hundred dollars to me paid by C. D., 
of said C , trader, the receipt whereof is hereby ack- 
nowledged, do hereby grant, release, remise, and forever 
quitclaim unto the said C. D., his heirs and assigns forever, 
a certain tract of land, containing twenty acres, more or 
less, with all the buildings thereon standing, known as 
the farm. 

To have and to hold the said premises, with all the 
privileges and appurtenances thereunto belonging, to the 
said C. D., his heirs and assigns forever ; and I do hereby 



MISCELLANEOUS FORMS. 433 

covenant witK the said C. D., that I will warrant the said 
premises to the said C. D., and his heirs and assigns, 
against the lawful claim of any person claiming under me. 

And U. B., wife of said A. B., for the consideration 
aforesaid, does hereby release her right of dower in said 
premises. 

In witness whereof, we have hereunto set our hands and 
seals, this day of . 

Signed, sealed, and delivered > A. B. (seal.) 

in presence of I. I. and K. W. ) U. B. (seal) 

Cumberland, ss, , 18 — , The above-named A. B. 

and U, B. acknowledged the foregoing instrument to be 
their voluntary act and deed. 

Before J. P., Justice of the, Peace, 

Deed of Warranty. 
Know all men by these presents that I, A. B., of 



in the county of , and State of — — , merchant, for 

and in consideration of dollars, to me paid by C. D., 

of said , yeoman, the receipt whereof is hereby ac- 
knowledged, do hereby give, grant, bargain, sell, and con- 
vey unto the said C. D. [describe the premises — if of 
lands, by bounds] ; a certain tract of land, situate in said 
, warranted to contain ten acres, by measure [or con- 
taining ten acres, more or less], bounded, beginning 

at a stake on the highway, being the south-easterly corner 
of land; thence by said highway, south sixteen de- 
grees, forty rods, to a stake by land of ; thence south 

seventy-four degrees west, forty rods, to a white oak tree; 
thence north sixteen degrees west, forty rods, to a sapling 
pine; thence north seventy-four degrees east, forty rods, 
to the first-mentioned bound ; with the buildings standing 
thereon; being the same conveyed to me by I. G., by his 
deed, dated 20th August, 1840, recorded in the registry 

of deeds for the county of -, vol. — , page — . 

To have and to hold the above-granted premises, with 
all the privileges and appurtenances thereto belonging, to 
the said C. D., his heirs and assigns forever. And I, the 
said A. B., for myself and my heirs, executors, and admin- 
istrators, do covenant with the said C. D., his heirs and 
assigns, that I am lawfully seized in fee of the aforegranted 
premises ; that they are free fi-om all incumbrances ; that 
28 



434 MAINE TOWNSMAN. 

I have good right to sell and convey the same in manner 
aforesaid ; and that I and my heirs, executors, and admin- 
istrators will warrant and defend the same premises to 
the said C. D., his heirs and assigns forever, against the 
lawful claims and demands of all persons. 

In witness whereof I, the said A. B., and C. B. wife of 
said A. B., in token of her relinquishment of her right of 
dower, have hereunto set our hands and seals, the — — • 
day of , 18 — . 

Signed and sealed") A. B. (seal.) 

in presence of ) C. B. (seal.) 



Deed hy Attorney, 
Know all men by these presents that I, A. B., of 



&c., by my attorney C. D., duly authorized by letter of at- 
torney, under my hand and seal, in consideration of 

dollars, to be paid by E. F., of , do sell and convey 

to said E. F. and his heirs forever [here describe the 
premises]. 

To have and to hold the said premises, with all the 
privileges and appurtenances to the same belonging, to 
the said grantee and his heirs forever. 

And I do covenant with the said grantee and his heirs, 
that I am rightfully seized in fee of said premises ; that 
they are free from all incumbrances ; that I have good 
right to sell and convey the same, in manner aforesaid ; and 
that I and my heirs will warrant the said premises to the 
said grantee and his heirs forever, against the lawful claims 
of all persons. 

In witness whereof I have, by my said attorney, here- 
unto set my hand and seal, this day of , 18 — . 

A. B. (seal.) 
By C. D., his attorney. 

Signed, sealed, and delivered in presance of . 

State of , C , ss. Then said A. B. (by his at- 
torney C. D., above named), acknowledged the above in- 
strument to be his voluntary act and deed. 

J3efore me, ^ Justice of the Peace. 

Note. The power of attorney should be recorded with 
the deed. 



MISCELLANEOUS FORMS. 435 



Deed of Partition, 

This indenture made between A. B., of ^ C. D., 

of , and E. F., of , witnesseth : 

That said parties have agreed to make partition of a 

certain tract of land situated in , bounded , 

containing , now owned by them as tenants in com- 
mon, in manner following : 

The said A. B. shall hold in severalty, acres, 

bounded . 

The said C. D. shall hold in severalty, acres, 

bounded . 

The said E. F. shall hold in severalty, acres, 

bounded . 

And to each of said parties and his heirs, the other two 
parties do grant and release the tract assigned to him as 
aforesaid, to hold to him and his heirs, in severalty for- 
ever ; and do hereby covenant to warrant and defend the 
same to him and his heirs, against the lawful claims of all 
persons claiming under them or either of them. 

In witness whereof, the said A. B., C. D., and E. F., 

have interchangeably set their hands and seals, the 

day of -, A. D. 18 — . 

A. B. (seal.) 

Signed, sealed, and delivered ) C. D. (seal.) 

in presence of . ) E. F. (seal.) 



Deed of Gift of Land. 

[The deed begins in the usual form, and may contain in 
substance as follows :] 

That the said A. B., for and in consideration of the 
natural love and affection which he hath unto the said C. 
D., hath given, granted, aliened, released, and confirmed, 
and by these presents doth, &c., unto the said C. D., his 

heirs and assigns, all that tract of land, situate in 

and — — , together with the privileges and appurtenances 
to the same belonging; to have and to hold the same 
unto the said C. D., and his heirs and assigns. 

In witness whereof, &c. 

To be acknowledged and recorded. 



436 



MAINE TOWNSMAN. 



Form of a Lease, 

This indenture, made this day of , a. d. 18 — , 

between A. B., of E., in the county of , and State 

of , trader, and C. D., of said E., yeoman, witnes- 

seth : 

That the said A. B., doth demise and lease unto said 

C. D., all that [describe the premises] ; to hold for the 

term of years Irom the date hereof, with all the 

privileges and appurtenances thereto belonging ; yielding 

and paying therefor yearly on every first of , during 

said term, unto said A. B., or his assigns, the yearly rent 
of dollars, in four equal payments, quarter yearly. 

[Here insert any provisoes or conditions, such as to 
terminate the lease by notice ; or that the lease shall be 
void on non-payment of rent]. 

And the said A. B. agrees with said C. D., that said C. 

D. shall peaceably possess the said premises during said 
term, without the lawful interruption or eviction of any 
person whatsoever. [Here may be inserted any other 
covenants on the part of the lessor; as covenant to 
deduct half the taxes from the rent, <fcc.] And the said 
C. D. covenants to pay the said rent in manner aforesaid, 
and to deliver up said premises to the said A. B., or his 
attorney, peaceably and quietly, at the end of said term, 
in as good condition as the same now are, reasonable use, 
wear and tear thereof, and fire and other casualty 
excepted ; and to pay all taxes on said demised premises ; 
and that he will not, during said term, do or suffer any 
waste in the demised premises [nor underlet the same or 
any part thereof], nor permit any other person to occupy 
the same, or any part thereof; nor make, or suffer to be 
made, any alteration therein, without the consent of said 
A. B. or his assigns, for that purpose ; and also, that said 
A. B.. or his attorney or agent, may enter the premises 
for the purpose of viewing and making improvement, at 
reasonable times, in the daytime. 

In witness, &c. 

Other covenants may be inserted in a lease. 

1. Covenants to deduct half the taxes from the rent. 

And that said A. B. will allow out of the rent aforesaid, 
one half of the taxes which shall be legally assessed on 
the premises, and paid by C. D. 



MISCELLANEOUS FORMS. 437 

2. Covenant on the part of lessee not to overstock the 
pasture. 

And said C. D. will not at any time pasture, or suffer 
to be pastured upon the said premises, or any part thereof, 
any larger stock of cattle than have been usually pastured 
thereon, in the two last preceding years. 

3. Covenant to carry on in a husbandlike manner. 
And said C. D. will, in all respects, manage and carry 

on said premises in a husbandlike manner, according to 
the custom of the country. 

4. Covenant not to till more than a certain quantity. 
And said C. T>. will not have, use, or employ, in plowing 

or tillage, a greater part of land than acres, at any one 

time, or in any one year, during the term hereby demised. 

5. Covenant not to keep tavern. 

And that no person shall sell or retail any beer, ale, or 
other liquors whatever, or keep any victualing, or other 
public house of entertainment in the buildings on said 
premises, without a license from the said A. B., in writing. 

Brief Lease. 

A. B., of , and C. D., of , agree as follows, to 

wit: 

A. B. leases to C. D. his house in D. [describe the 
premises], for one year. 

C. D. agrees to pay one hundred dollars a year rent, 

payable , and not to assign or lease the same, nor 

make alterations, nor carry on any offensive trade therein, 
without the written consent of A. B. ; to quit the same at 
the termination of this lease ; and to leave the same in 
good condition and repair, unavoidable casualties excepted. 

This lease shall be void if C. D. fails to perform this 
agreement. 

Witness our hands and seals, this day of , 18 — . 

A. B. (seal.) 
C. D. (seal.) 

Notice from a Landlord to a Tenant 

Sir : You being in possession of a certain house and lot 
of ground, with the appurtenances, belonging to me, sit- 



438 MAINE TOWNSMAN. 

uate in , in Portland, which was demised to you by 

me for five years, which said term will expire and termin- 
ate on the day of next, I hereby notify you that 

it is my desire to have again and repossess the said prem- 
ises, and I do hereby require and demand you to leave 
the same. 

Witness my hand, the day of — — , 18 — . A. B. 

To Mr. C. D. 

Apprenticeship, 

This indenture, made this day of , a. d. 18 — , 

by and between A. B., of , in the county of 



printer, and C. D., of said -, printer, witnesseth : 

That the siiid A. B. doth by these presents, with the 
consent of his son, G. W., a minor, above the age of four- 
teen years, signified by his signing^this indenture, hereby 
place, bind, and indent him to the said C. D., to learn the 
art and trade of a printer, and with him, the said C. D.^ 
after the manner of an apprentice, to dwell and serve 

from the day of the ensealing hereof, until the , when 

the said minor will arrive at the age of twenty-one years. 
And during said term the said apprentice shall well and 
faithfully serve his said master, and shall give and devote 
to him his whole time and labor. He shall not marry 
during said term, nor use ardent spirits, or practice gam- 
ing or other unlawful sports, nor waste, injure, or destroy 
the property of his master ; but conduct himself in a 
sober, temperate, honest manner, and as a good and faith- 
ful apprentice ought to do, during all the time aforesaid. 

And the said C. D., for himself, his executors and ad- 
ministrators, doth hereby covenant with the said A. B., 
that he will fiithfully instruct said apprentice in the art 
or trade aforesaid, as far as said appi'entice may be capa- 
ble to learn, and constantly provide him with good, suit- 
able, and sufficient food, lodging, and clothing, and all 
other things necessary in sickness and health, and will 
train him up in the habits of industry, temperance, and 
virtue, and pay to the said A. B. for the use of said ap- 
prentice, the sums of money following, namely [state the 
amount and manner of payment]. 

And the said G. W. hereby signifies his assent to the 
terms of this indenture, and promises faithfully to keep 
and perform all things to be kept and performed by him. 

In testimony whereof, the said parties have hereunto 



MISCELLANEOUS FORMS. 439 

set their hands and seals, this day of , in the 

year . A. B. (seal.) 

Signed, sealed, and delivered ) C. D. (seal.) 

in presence of . | G. W. (seal.) 



Proxy to vote for Directors, 

Be it known that I, A. B., of , in the county of , 

and State of , esquire, have constituted and appointed, 

and by these presents do constitute and appoint C. D., of, 

, to be my true and lawful substitute and proxy, for 

me and in my name, to vote at any election for directors 

of , or on any question that may be put at a stated 

or special meeting of the stockholders of the said , to 

be holden the day of next, at o'clock, 

noon, as fully as I might or could do if personally present. 

Witness my hand, ihis day of , a. d. 18- 



A. B. 



Marriage Settlement. 



Articles of agreement between A. B., of , C. D., of 

, andE. F., of- . 

Whereas, said A. B. and C. D. intend marriage, and it 
is agreed by and between said parties that the real and 
personal estate of said C. D. shall be settled and secured 
for her separate .use ; and therefore said C. D., in consid- 
eration of one dollar, to be paid by said E. F., sells and 
conveys to him and his heirs a certain tract of land [de- 
scribe the real estate], and also the following goods and 
chattels [describe the personal estate] ; to hold the same 
in trust, for the following purposes, and no other : 

First. That said E. F. shall permit the said C. D. to 
occupy, improve and manage the said property, and take 
the profits thereof, at her own discretion, and for her own 
use, during her pleasure, without the interference of said 
A. B., or any other person. 

Second. The said trustee, at the request of said C D., 
shall take possession of said property, and manage and 
improve the same to the best advantage, and pay the in- 
come or profits thereof to said C. D., without the inter- 
ference of said A. B., any other person. 

Third. The said E. F., at the request of said C. D., shall 
have power to cause any part of the property held by him 



440 MAINE TOWNSMAN. 

in trust as aforesaid to be sold, and the proceeds thereof 
invested in other safe personal estate, or securities, to be 
held subject to the same trusts as the property hereby- 
conveyed. 

Fourth. The said E. F. shall, with the assent of said C. 
D., invest any part of the income of said property in real 
or personal estate, or securities, upon the trust aforesaid. 

Fifth. The said E. F. shall, at the request of said C. D., 
sell and convey any part of said property to such person 
or persons, and for such sum or sums of money, and upon 
such trusts, as said C. D. shall in writing direct. 

Sixth. In case of the decease of said C. D., without de- 
vising or making such direction, said trustee shall convey 
said property to said A. B., or, in case of his decease, to 
such persons as would be by law entitled thereto, if she 
had deceased intestate or unmarried. 

Seventh. The said E. F. agrees faithfully to execute 
said trusts, being liable only for his actual receipts or will- 
ful defaults. 

It is farther agreed that if, at any time hereafter, any 
estate or property shall descend or vest in said C. D., the 
said estate or property shall, by the said A. B. and C. D., 
be conveyed to said E. F., or to such person as may be 
then trustee of said C. D., to hold in trust for the uses 
above declared. 

In witness whereof, we have hereunto set our hands and 
seals, this day of ^ a. d. 18 — 

Signed, sealed, and delivered ) A. B. (seal.) 

in presence of . ) C. D. (seal.) 

E. F. (seal.) 

To be acknowledged. 

General Release of all Demands. 
Know all men by these presents that I, A. B., of 



for and in consideration of the sum of , to me paid by 

C. D., of ^ (the receipt whereof I do hereby acknow- 
ledge,) have remised, released, and forever discharged, and 
I do, for myself, my heirs, executors, administrators, and 
assigns, remise, release, and forever discharge the said C. 
D., his heirs, executors, and administrators, of and from 
all debts, demands, actions, and cases of action, which I 
now have in law and equity, or which may result from 
the existing state of things, from any and all contracts, 



MISCELLANEOUS FORMS. 441 

liabilities, doings, and omissions, from the beginning of 
the world to this day. 

In witness, &c. A. B. (seal.) 

Signed, sealed, and delivered") 
in presence of — — . j 



Brief Form of Release, 

July 2, 1872. I, A. B., do hereby release to C. D. all 
suits, promises, covenants, and demands, which I have or 
can claim against him. 

In witness, &c. A. B. (seal.) 

In presence of . 



Agreements to compound Debts. 

Know all men by these presents, that the subscribers, 
creditors of J. B., of, &c., finding that said J. B. is disabled, 
by losses and otherwise, to pay us our respective debts in 
full, do severally and respectively agree with said J. B., to 
accept of hiin thirty cents for each dollar of our respect- 
ive demands against him, in full satisfaction of the whole 
of said demands, provided the said sum of thirty cents 
for each dollar of our said demands is paid to us or our 
representatives within six months from the date hereof 
And we do further respectively agree, that neither of us, 
nor any person claiming under us, will commence or 
prosecute any action or suit in law or equity against said 
J. B., his goods or estate, within said term of six months, 
nor at any time afterward, in case said sum of thirty cents 
for each dollar shall be paid within six months, as afore- 
said. 

And we do further respectively agree, that if any suit 
or action shall be commenced or prosecuted against said 
J. B., his goods or estate, in violation of this agreement, 
the said J. B. shall thenceforth be forever discharged from 
all claims and demands of the creditor in whose right any 
such suit or action shall be brought or prosecuted. 

Witness our hands and seals, the day of •, 18 — . 

A. B. (seal.) 

Signed, sealed, and delivered ) C. D. (seal.) 

in presence of , J E. F, (seal.) 



442 



MAINE TOWNSMAN. 



Agreement not to sue; or Letter of License, 

Know all men by these presents, that the subscribers, 
creditors of J. B., of, &c., do hereby severally and respect- 
ively agree with said J. B. that neither of us, nor any 
other person in our right respectively, shall commence or 
prosecute any suit or action, in law or equity, against said 
J. B., his goods or estate, upon any of our respective 
demands, at any time within one year from the date 
hereof. 

And we do further respectively agree, that if any suit 
or action shall be commenced or prosecuted against said 
J. B., his goods or estate, in violation of this agreement, 
the said J. B. shall thenceforth be forever discharged from 
all claims and demands of the creditor by whom or in 
whose right any such suit or action shall be brought or 
prosecuted. 

Witness our hands and seals, the day of , 18 — . 



Signed, sealed, and delivered ) 



in presence of- 



r 



A. B. (seal.) 
C. D. (seal.) 
E. F. (seal.) 



Advertisements of Lands to he sold for the Payment of 

Taxes. 

The proprietors of the following tracts of land in the 
town of S. in the county of W., are notified that the same 
are taxed in the tax-list committed to the subscriber, the 
collector of taxes for said town of S. for the year eight- 
een hundred and , as follows : 



Name 
of owner. 



Estates 
taxed. 



Amount of taxes 
on each estate. 



And if no person shall appear to discharge said taxes 
on or before the — day of — next, at — o'clock in the 

forenoon [or afternoon], I shall proceed to sell at 

[place of sale], by public auction, so much of said respect- 
ive tracts of land as shall be sufficient to discharge said 
taxes and all necessary intervening charges. 

A. B., Collector of S. 

S -, ^—, 1858. 



MISCELLANEOUS FORMS. 443 



Deed hy a Collector of Lands sold for Taxes. 

To all to whom these presents shall come: I, A. B., a 
collector of taxes for the town of C, in the county of W., 
and State of Maine, for the year one thousand eight 
hundred and , legally chosen and sworn, send greet- 
ing; Whereas, the assessors of the town of C. aforesaid 

have assessed C. D., of F , the sum of , for a tax 

as a non-resident proprietor of land in said C. in the list 
of assessments they have committed to me to collect: and 
whereas no person has appeared to discharge the said tax, 
although I have advertised the same three weeks succes- 
sively in the W. P., a nev^spaper printed in the county 
aforesaid, and posted the same advertisemeat in a public 
place in the town of C, three weeks before the time of 
sale : Therefore, know ye, that I, the said A. B., collector 

of taxes as aforesaid, in consideration of the sum of 

to me paid for discharging the said taxes, and necessary 

intervening charges, by G. H., of C, in the county of 

[•uidition], do hereby give, grant, sell, and convey to said 
G. H. aid his heirs and assigns forever, the following de- 
scribed re \\ estate, baing a part of the lot taxed as afore- 
said, viz.: [des3ription] the same having been struck of to 
tlie said G. H., the highest bidder therefor, at public 
auction, notified and held at the house of O. P., in said C, 

on the day of . To have and to hold the same 

to the said G. H. and his heirs and assigns, to his and their 
use forever; subject, however, to the right of redemption, 
of the owner thereof, or his heirs or assigns, at any time 

within years from the time of sale as aforesaid. And 

I covenant with the said G. H., his heirs and assigns, that I 
gave notice of the intended sale of the said lands accord- 
ing to law, and that I have observed the directions of the 
law in all respects in the premises. In witness whereof I 

do hereunto set my hand and seal, this day of ^ 

in the year eighteen hundred and . 

A. B. (seal.) 
Signed, sealed, and delivered ) 
in presence of — — . ) 



444 MAINE TOWNSMAN. 



Form of Annual Return made by the Selectmen, 

Report of the selectmen for the expenses of the town of 

S , for the year ending on the day of , 

18—. 

Paid for abatement of taxes, $31.00 

" " assessors' wages, 78.70 

" " repairs of public buildings, 47.00 

Inoculating with kine-pox, 25.00 

Support of schools, 800.00 

" of poor, 390.00 

Recording births and deaths, 4.50 

Perambulating town lines, 9.90 

Collector's commissions, 37.00 

Stationery, 4.50 

Military equipments, 45.00 



11472.60 
Paid towards a farm for support of poor, 1000.00 



12472.60 
The selectmen further report that they have settled 
with the treasurer, and his account stands as follows : 

Dr. To balance on hand last year, $1598.09 

To amount of town grant, $3200.00 

To overlayings on all the taxes, 94.90 

To highway deficiencies, 19.48 3314.38 

$4912.47 

Cr. By amount of orders paid the selectmen, $3401.91 
By " paid the overseers of the poor, 600.68 

$4002.59 

Balance in treasury, 909.88 

Town orders outstanding, 650.00 

N'et balance in favor of town, $259.88 

AU of which i s ^submitted, A. B. \ ^,;,^j^^„. 



MISCELLANEOUS FORMS. 445 



INSOLVENT DEBTORS. 

By chapter seventy of the Revised Statutes, an assign- 
ment may be made by an insolvent debtor, providing for 
a proportional distribution of all his real and personal 
estate, except what is by law exempt from attachment, 
among all his creditors becoming parties thereto ; and in 
whatever form made, or however expressed, it will pass 
all such estate, whether specified or not. 

The assignor must make oath to the truth of such as- 
signment, and a certificate of the fact is to be made there- 
on by the magistrate administering it ; and a release may 
be inserted therein, which forever discharges the assignor 
from the claims of such creditors as become parties 
thereto. 

The assignea, before entering upon his duties, shall give 
bond, with sufficient sureties living in the county, to the 
judge of probate, in such sum as he orders, conditioned 
as follows : 

First, To make and return into the probate office, 
within ten days after the time allowed for creditors to 
become parties to such assignment, a true inventory, on 
oath, of all the real estate, goods, chattels, rights, and 
credits of the assignor which have comets his possession 
or knowledge, whether contained in the assignment or 
not, and the names of all the creditors who have become 
parties thereto, with a list of their respective claims. 

Second. To mike proportional distribution of all the 
net proceeds of such estate among such creditors as be- 
come parties to the assignment. 

Third. To render a true account of his doings, on oath, 
to the judge of probate within six months, and at any 
other time when cited by the judge. 

Within ten days after the execution of such assignment, 
the assignee must file an attested copy in the probate 
office ; within fourteen days he must publish notice thereof 
three weeks successively in some newspaper, if any, 
printed in the county where either assignor lives; if not, 
in the Sta'^e paper ; and three months from the execution 
of such assignment are allowed to creditors to become 
parties thereto. 

We give the following as the most commonly used 
forms of assignment and bond in this State. 



446 MAINE TOWNSMAN. 

Assignment 

This indenture, tripartite, made and executed at ^ 

this day of , in the year of our Lord one thous- 
and eight hundred and , by and between , of 

, in the county of , party of the first part, and 

, of said , party of the second part, and such 

creditors of the said as may, after notice as provided 

by law, become parties to this instrument, and subscribe 
to the terms of the same, party of the third part, witness- 
eth that the said , party of the first part, in consid- 
eration of one dollar to in hand paid before the 

dehvery of these presents, and of the covenants and agree- 
ments hereinafter expressed, do hereby transfer, assign, 
set over, bargain, sell, and convey, give, grant, and release 
to the said , party of the second part, all such prop- 
erty of the said as is not by law exempted from 

attachment, whether the same be real or personal, and all 
right, title, and interest in and to any and all prop- 
erty, both real and personal, not by the laws of this State 
exempted as aforesaid from attachment, and also the stock 

of goods now in the store of the said , in , and 

also all the books of account of the said , and all 

notes and accounts, of whatever name and nature, and all 
choses in action and claims against any and all persons; 
a schedule of all of which property, with a description of 

the place whoro the same is situate!, the said doth 

hereby annex and make a part of this instrument [here 
insert any other pixrticuLirs]. To have and to hold the 

same to the said , party of the second part, heirs 

and assigns, in trust, for the use and benefit of such cred- 
itors of the said as miy (after notice as provided i-i 

the third section of an act entitled "An Act concerning 
Assignments," and approved March 21, 1844) become pin- 
tles to this as.>iginnent in proportion to the amount of their 
respective claims ; the said to makj an equal distri- 
bution of all such estate, whether real or person d, among 
such creditors as, after notice as aforesaid, sh'dl beconi:^ 
parties to said assignnent within the tim?, an 1 according 
to the terms prescribed by the laws of the State. 

And the said do hereby constitute and make, and 

in — — stead and place put the said to be law- 
ful attorney, for • — — and in name and stead, and for 

the uses and trusts aforesaid, and to the use and for the 
benefit of the creditors aforesaid, as they may be entitled, 
to receive and collect all such sums as may be due and 



MISCELLANEOUS FORMS. 447 

owing to , the said , whether upon notes or ac- 
counts, or in any other way, and to receive, manage, and 
dispose of all — — property, real and personal, and dis- 
tribute the same, and the proceeds thereof, among such 
of creditors as sh .11 become parties to this assign- 
ment, in proportion to the amount of their respective 

debts, giving and granting to said attorney full 

power and authority in and about the premises, and to 
take and use all due course and process of law for ac- 
complishing the same, and in ^- name make, seal, and 
execute due accquittances and discharges therefor. 

And I, the said , party of the second part, in con- 
sideration of the premises, do hereby covenant and agree 
to and Avith the said party of the first part, and to and 
with the creditors who may become parties as aforesaid 
to this assignment, party of the third part, and to and 
with their heirs and assigns, that I will accept and faith- 
fully execute the trust conferred upon me by this assign- 
ment, and will in all respects comply with the requisitions 
of thcf statutes hereinbefore referred to; and will make 
an equal distribution of all the property, both real and 
personal, which may come into my hands and possession 
under and by virtue of this assignment, among all such 

creditors of the said as may become parties thereto 

as aforesaid, within three months from the publication of 
notice of this assignment, according to the provisions of 
the statute, deducting therefrom only such sums as I may 
legally retain fjr my expenses, disbursements, and ser- 
vices in and about the collection, safe-keeping, and distri- 
bution of the same, and also reserving to myself the right 
to become a p.rty to this assignment, as a creditor of the 
said — — , an I to receive my legal proportion of the 
amount to be distributed among said creditors. 

And we, the said creditors, whose names and the 
amount of whose respective debts are underwritten, in 
consideration of the premises, and of the proportional 

share of the estate of the said , to be received byus, 

according to the terms of this assignment, do hereby 
absolutely and entirely release all debts due from the said 
, to us the said creditors, and do hereby forever dis- 
charge the said from all claims for or on account of 

the same. A. B. (seal.) 

C. D. (seal.) 

Signed and sealed in ) E. F. (seal.) 

presence of . j" G. H. (seal.) 



44.^ MAINE TOWNSMAN. 



ss. , , 18 — . Then personally appeared 



tliG said , and made oath that the foregoing assign 

rnenti by him. subscribed, and the sbhedule hereunto- 
annexed, are true. 

Before me, , Justice of the Peace. 

Bond hy Assignee. 

Know all men by these presents, that we, A. B., as 

principal, and C. D. and E. F. as sureties, all of ^ in 

the county of ^ within the State of Maine, are holden 

and stand bound and obliged unto -, judge of probate 

withm the county of Cumberland, in the full sum of 

dollars, to be paid unto the said , or his successor in 

said office ; to the true payment whereof we do bind our- 
selves, and each of us, our and each of our heirs, executors, 
and administrators, jointly and severally by these presents. 

Sealed with our seals. D.ited the day of -, in 

the year of our Lord one thousan I eight hun.lred and 



The condition of the above obligation is such, that, 

where as G. H., of ^ in the county of — — , has, by 

indenture, made and executed on the day of ^ 

assigned all his estate, real and personal, not by law 
exempt from attachment, to the said A. B., to be held by 
him as assignee in trust for the use and benefit of such 
creditors of the siid G. H. as may (after notice, as pro- 
vided in the third section of an act entitled "An Act 
concerning Assignments," and approved March 21, 1844), 
become parties to his said assignment, in proportion to 
the amount of their respective claims : now, if the above- 
bounden A. B., in his capacity of assignee, shall make and 
return into the probate office, within ten days from and 
after the time allowed for creditors to become parties to 
such assignment, a true inventory, on oath, of all the real 
estate, and all the goods, chattels, rights, and credits of 
the assignor, which have or shall come to his possession 
or knowledge, whether contained in the assignment or 
otherwise ; also, the names of all the creditors who have 
become parties to the assignment, together with a list 
of their respective claims ; and shall also make equal 
distribution of all the net proceeds of all the real and 
personal estate, goods, chattels, rights, and credits of such 



MISCELLANEOUS FORMS. 



449 



insolvent debtor or assignor among such of the creditors 
as have become parties to the assignment, in proportion 
to the amount of their respective claims, excepting 
such property as may, by law, be exempt from attach- 
ment ; and shall render a true account of his doings, on 
oath, to the judge of probate, within six months, and at 
any other time when required by said judge; then the 
foregoing obligation shall be void and of no effect ; other- 
wise shall remain in full force and virtue. 

A. B. (seal.) 

Signed, sealed, and delivered > C D. (seal.) 

in presence of . {" E. F. (seal.) 

Signed, sealed, and delivered ) C D. (seal.) 

in presence of . ) E. F. (seal.) 

Bill of Sale of Vessel, 

To all people to whom this present bill of sale shall come, 

send greeting : 

Know ye, that , the said , for and in consider- 
ation of the sum of , to in hand well and truly 

paid, at or before the ensealing and dehvery of these 
presents by , the receipt whereof I do hereby ac- 
knowledge, and am therewith fully anl entirely satis- 
fied and contented, have granted, bargained, and sold, 
and by these presents do grant, bargain and sell unto the 

said , all the hull or body of the gaod -, together 

with , all and singular, her boats, sails, tackle, apparel, 

and furniture, , now lying at , an I enrolled 

[or registered, as the case may be], at the port of , 

the certificate of whose enrollment is as follows, viz. : 
[here insert a copy of the enrollment or register.] 

To have and to hold the said granted and bargained 

and premises, with the appui-tenances, unto the said 

, heirs, executors, administrators, or assigns, to 

only proper use, benefit, and behoof forever." And , 

the said , do avouch to be the true and lawful 

owner of and her appurtenances, and have in ■ 

full power, good right, and lawful authority to dispose of 
the said , and her appurtenances, in manner as afore- 
said. And furthermore the said , and appur- 
tenances, against the lawful claims and demands of all 

persons whatsoever unto the said 

29 



450 MAINE TOWNSMAN. 

In witness whereof, the said have hereunto 

set hand and seal, the day of , in the 

year of our Lord one thousand eight hundred and seventy 

Signed, sealed, and delivered > 
in presence of . j" 



Commencement of Wills, 

Be it remembered that I, A. B., of, &c., being of sound 
and disposing mind, do make, publish, and declare this my 
last will and testament. 



Bequests and Devises. 

These are arranged in order, under the heads 1st, 2d, 
<fcc., thus : " First, I give and bequeath," &c. 

Appointment of Executor and In Testimonium. 

And I do hereby appoint C. D., of , aforesaid, to be 

the sole executor of t'lis my last will and testament, here- 
by revoking, aniuUing, and declaring void all former wills 
by m3 at any time haratofore made. 

In witness wluriof, I hive hereunto set my hand this 
day of, &c. 

Attestation of Wills. 

Signed, published, and declared by the said A. B. as his 
last will an 1 testament, in the presence of us, who in his 
presence, an 1 in the presence of each other, have hereunto 
set our name 4 as witnasses. 

If the will be signed by a third person for the testator, 
the attestation should be thus : 

Signed by the said E. F., in our presence and in the 
presence of the said A. B., and by his express direction, 
and by the said A. B, at the same time published and de- 
clared as his last will and testament, in the presence of 
the said E. F. and of us, who each, in the presence of the 
others, and of the said A. B. and of the said E. F., have 
hereunto set our hands as subscribing witnesses. 



MISCELLANEOUS FORMS. 451 

An Agreement to he signed hy an Auctioneer^ after a 
Sale of Land at Auction. 

I hereby acknowledge that A. B. has been this day de- 
clared by me the highest bidder and purchaser of [de- 
scribe the land] at the sum of dollars [or at the sum 

of dollars, cents per acre or foot], and that he 

has paid into my hands the sum of ^ as a deposit and 

in part-payment of the purchase-money; and I hereby 
agree that the vendor, C. D., shall in all respects fulfill the 
conditions of sale hereto annexed. 

Witness my hand, at ^ on the day of ^ 

A. D. 18 — . J. S., Auctioneer. 

An Agreement to he signed hy the Purchaser of Lands 
at Auction. 

Thereby acknowledge, that I have this day purchased 
at public auction all that [describe the Ian 1], for the sum 

of dollars [or for the price of dollars, cents 

per acre, or per foot], and have paid into the hands of J. 

S., the auctioneer, the sum of , as a deposit, and in 

part-payment of the said purchase-money; and I hereby 

agree to pay the remaining sum of unto C. D., the 

vendor, at , on or before the day of , and 

in all other respects on my part to fulfill the annexed con- 
ditions of sale. 

Witness my hand, this dav of , a. d. 18 — . 

A. B. 

An Agreement hetween Several to purchase an Estate, 
each to pay his Proportion of the Purchase-money^ 
Charges^ ^c.y 

Whereas, it has been and is hereby agreed, that we, A. 

B., of , merchant, and C. D., of , yeoman, and E. 

F., of , housewright, or some one of us on beha]f of 

all, shall purchase that tract of land situate, lying, and 

being in , bounded and described as follows, to wit, 

[here describe the land], now owned and occupied by 

, of : now, we severally agree, that if any one or 

more of us shall purchase the said land, that each of us 
will pay a proportion, to wit, one third of the purahase- 
money, and that all charges and expenses relating thereto 
shall be borne by us in equal proportions, and that such 



452 MAINE TOWNSMAN. 

purchase shall be to us as tenants in common [or as joint 
tenants] of the said land ; provided that the purchase- 
money of the said land do not exceed dollars, and 

provided also, that if either one or two of us do not pay 
his or their said proportion thereof, when demanded or 
required so to do in writing by the other or others, then it 
shall be lawful for either or both of the others to pay the 
same, and to take and hold the share or shares of the said 
party or parties not paying, to himself or themselves 
alone. 

Witness our hands, this day of , a. d. 18 — . 



Agreement for the Sale of Goods ^ ^c, as they shall he 
appraised. 

Articles of agreement made between A. B., of ^ and 

G. D., of , &c. 

It is hereby agreed by the said parties, that all and sin- 
gular the household goods, furniture, and utensils, which 
are the property of A. B,, and contained in and belonging 
to the dwelling-house now in the occupation of the said 
A. B., [or, contained in the schedule hereunto annexed], 
shall, at the joint and equal charge of the said parties, be 

appraised by E. F. and G. H., on or before the day of 

, when the said E. F. and G. H. shall, in "writing by 

them signed, give in their appraisement to the said parties ; 
and, in case the said appraisers shall differ in such valua- 
tion, then they shall choose a third indifferent person as 
an umpire, to determine the same, whose valuation of the 
said goods, within three days after his election, shall be 
conclusive, if signed and given or tendered to the said 
parties or either of them. And the said A. B. doth 
covenant with the said C. D., that, immediately after such 
valuation, made by the said E. F. and G. H., or by such 
umpire as aforesaid, he, the said A. B., will make an ab- 
solute bill of sale, and give possession of all the said 
goods, furniture, and utensils, unto the said C. D., at the 
price the same shall be appraised at as aforesaid. And 
the said C. D. doth hereby covenant with the said A. B., 
that he, the said C. D., will accept the said goods, at the 
said price, at the time of executing such bill of sale, and 
delivering possession of the said goods, furniture, and 
utensils, by the said A. B., will then pay to the said A. B., 



MISCELLANEOUS FORMS. 453 

the sum of money for wMch the same shall be appraised 
as aforesaid. 

In witness whereof, we have hereunto set our hands 
and seals, this day of , a. d. 18 — . 

An Agreement between a Master Shipwright and his 
Workmen^ for building a New Ship^ ^e. 

Articles of agreement made between H. C, of, &c., and 
R. S., of, &c., and W. M., of, &c., of the one part, and 
J. S., of, &c., of the other part. 

Whereas the said J. S, hath contracted with T. C, of, 
&c., for building the hull of a new ship, of the dimen- 
sions contained in their articles of agreement, &c., &c. : 
now these presents witness that the said H. C, R. S., & 
W. M., for themselves, their executors, &c., do hereby 
covenant with the said J. S., his, &c., that they, the said 
H. C, R. S., and W. M., their, &c., for the considerations 
hereinafter mentioned, with materials to be provided by 
the said J. S., and at his charge, at his yard in R., afore- 
said, shall perform the shipwright's work and workman- 
ship, according to the said recited articles of agreement, 
for the building of the hull of the said ship, in a substan- 
tial and workmanlike manner, to the content of the said 
J. S., and as he or his assigns shall appoint from time to 

time ; and will launch the said ship on or about the 

day of next, and clear the launch wherein the said 

ship shall be built, immediately after launching thereof. 
And the said J. S., for himself, &c., covenants with the 
said H. C, R. S., and' W. M., their, &c., that he, the said J. 
S., his, &c., will pay to the said H. C, R. S., and W. M., 
their, &c., that he, the said J. S., his, &c., after the rate of 

per ton for every ton of the said ship's burden or 

tunnage [carpenter's or other measure, and time and 

manner of payment as the parties may agree], within 

days after the launching the said ship. 

In witness whereof, we, the said [here repeat the names, 
of all the parties], have hereunto set our hands and seals, 
this day of , a. d. 18 — . 

G-eneral Form of an Affidavit, 

STATE OP MALNE, 

Suffolk, ss. Then the above-named O. H. personally 



454 MAINE TOWNSMAN. 

appeared and made oath that the foregoing instrument, by 
him signed, was true. J. 0. P., Justice of the Peace, 
Portland, July 6, 18—. 

Affidavit of the Execution of a Letter of Attorney, or 
other instrument, 

A. B., of, &c., maketh oath, and saith, that he was pres- 
ent, and did see C. D., of, &c., duly sign, seal, and as his 
act and deed, deliver the letter of attorney (whatever the 
instrument may be) hereunto annexed, and that the name 
C. D. thereunto set as the name of the party executing 
the same, is of the proper handwriting of the said C. D. 
[if so, ad 1], and that the names E. F. and A. B., subscribed 
as witnesses to the due execution of the said letter of at- 
torney, are of the respective handwriting of the said 
E. F. and this deponent. 

Agreement for the sale of an Estate hy private Contract, 

Articles of agreement, made this day of , be- 
tween A. B., of, &c., and C. D., of, &c. 

The said A. B. agrees to sell the said C. D. all that, &c., 
with the appurtenances, for the sum of, &c., and will on or 

before the day of next, on the receipt of the 

said sum of, &c., at the charges of the said C. D., execute 
a proper conveyance thereof, with a covenant of general 
warranty and against incumbrances to the said O. D., and 
his heirs and assigns. 

And the said C. D. agrees, that, on the execution of 
such conveyance, he will pay the said sum of, &c., to the 
said A. B. or his assigns. 

And it is further agreed, that the conveyance shall be 
prepared by and at the expense of the said C. D. to the 
approbation of the respective counsel of the said A. B. 
and C. D., and that all taxes and outgoings in respect of 
the premises in the mean time, shall be paid by the said 
A. B. And it is agreed, that the said C. D. shall receive 

the rents and profits of the premises, from next, to 

his proper use. And it is agreed, that if the said convey- 
ance shall not be executed, and the purchase-money paid, 

on or before the day of , then the said C. D, 

shall pay interest for the srme, from the same day, unto 
the said A. B. after the rate ^ per cent per annum. 

In witness, &c. 



MISCELLANEOUS FORMS. 455 

An Agreement to he signed hy an Auctioneer^ after a sale 
hy auction. 

I hereby acknowledge, that C. D. has been this day de- 
clared tlie highest bidder and purchaser of [describe the 

real estate], at the sum of ; and that he has paid into 

my hands tlie sum of as a deposit, and in part pay- 
ment of the purchase-money ; an 1 I hereby agree, that 
the vendor shall in all respects fulfill the conditions of sale. 

Witness my hand, &c. 

Agreement for the purchase of growing Timber. 

Articles of agreement, &g. 

First ; the said A. (the seller) in consideration, &c., to 
be paid by the said B. (the buyer) in manner hereinafter 
mentioned, and of the covenants an 1 agreements herein- 
after contained, and which by the said B., his executors, 
&c., are to be observed and performed, doth hereby grant, 
bargain, and sell unto the said B. his, &c., all and singular 
the timber trees, and other trees hereinafter mentioned, 
being all set out and marked for sale, and standing in the 

several places hereinafter mentioned (that is to say), 

hundred oak trees marked with the letter (S) together 
with the boughs, lops, tops, and bark thereof, &c., &c., all 
standing, growing, and being upon the demesne lands 
called , and which are now in the possession of C. D. 

Together with full liberty and authority, for the said 
B., his servants, agents, and workmen, to fell the said 
trees at all reasonable and convenient times, and to lay 
and place the bark of the oak trees in convenient parts 
of the premises to dry ; and the said trees, and wood, 
with the bark of the oiks, and the boughs, lops, and tops 
of the whole of the said trees to draw, remove, and carry 
off, and take away in shares in and by the most usual 
and convenient ways and parcels, at any time on or 

beore the day of next. And also free liberty 

and authority to and for the said B., his executors, &c., and 
his and their servants, agents, and workmen, and other per- 
son and persons, to whom they shall sell and retail the said 
timber and wood, or any part thereof, to dig sawpits, and 
break up and saw the said timber in proper and con- 
venient parts of the said premises, in and upon which, 
the said timber and wood stands and grows, at any time 
before the said day of next, without paying or 



456 MAINE TOWNSMAN. 

making any satisfaction to the said A., his heirs, or assigns, 
or under-tenants. 

And the said B., in consideration of the premises, and 
the bargain and sale of the said trees and bark, made to 
him as aforesaid, doth for himself, his heirs, &c., covenant 
and agree with the said A., his executors, &c., by these 
presents, that he, the said B., his heirs, &c., shall and will 

pay to the said A., his executors, &c., the sum of $ ■ 

in manner following, that is to say, &c., &c. And also, 
that he the said B., his executors, &c., shall and will fell, 
hew, and cut down the said oak trees and others, and 
every of them, and remove and take away the same, with 
the boughs, &c., thereof, within the time before limited 
and agreed on for that purpose, and according to the true 
intent and meaning of these presents ; and also shall and 

will within one month next after the said day of 

next, at his and their own costs and charges, fill up 

all such sawpits as shall for the purposes aforesaid, have 
been made by him or his servants, on any of the said 
lands ; and also fence, amend, and repair all the hedges 
and fences in and about the said lands, in all such places 
as shall be broken, or otherwise damaged or destroyed, 
in felling, hewing, or carrying away the said timber, on 
being allowed by the said A. hedgewood for that purpose. 
[A clause fo-r submitting disputes to arbitration, may be 
added, at discretion.] 

In witness, &c. 

An Agreement on a Relinquishment of one Partner's 
Interest in the Copartnership to the other Partners. 

This indenture, made between J. M., of, &c., of the one 
part, and J. W. and L. W., of, &c., of the other part, wit- 
nesseth, That whereas the said J. M., J. W., and L. W., 
have heretofore dealt together as copartners, and by their 
joint trading, many goods, and wares, and debts, are be- 
come due unto them, wherein every of them hath an in- 
terest, and likewise the said parties are become indebted 
to divers other persons concerning the said joint trading; 

Now the said J. M. in consideration of the sum of 

paid by the said J. W. and L. W., the receipt whereof the 
said J. M. doth hereby acknowledge, doth consent to sever 
himself from the said joint trading and copartnership with 
the said J. W. and L. W., and doth hereby grant, assign, 



MISCELLA.NEOUS FORMS. 457 

and transfer unto the said J. W. and L. W., all the right, 
property, and interest whatsoever, which he the said J. 
M. hath or should have, in and to all and singular, the 
goods, wares, merchandise, and debts, mentioned in and 
by the balance of an account hereto annexed. 

And. the said J. M. for himself, &c., doth covenant with 
the said J. W. and L. W. their, &c., that the said account 
is just and true, and that he the said J. M. hath not received 
or discharged, and that he or his, &c., shall not 7*eceive or 
discharge any of the goods or debts, mentioned in the said 
account or do any act to hinder the said J. W. and L. W. 
from receiving the same ; but will permit the said J. W". 
and L. W. their, &c., to recover and receive the same to 
their own use, without any account to be rendered there- 
for to the said J. M. and that the said J. M. upon request 
will do any reasonable act which may be necessary or con- 
venient to assist the said J. W. and L. W. their, &c., to 
recover and receive the same. 

And the said J. W. and L. W. for themselves and their, 
ifec, covenant that they will at all times hereafter j^ay and 
satisfy all the creditors to whom the said J. M. standeth 
charg^eable or indebted, for and concerning^ all the affairs 
and dealings mentioned in the said account, and shall at 
all times hereafter indemnify and save harmless the said 
J. M., his, &c., from them and every of them, &c. In wit- 
ness, &c. 



An Agreement for taking down an old House, and build- 
ing a new one ; the builder to find materials. 

Articles, &c. 

The said R. C. for himself, his, <fcc., doth covenant, &c., 
to and with the said J. F., his, &c., by, &c., in manner and 
form following, that is to say, that he the said R. C, his, 
ifcc, or some of them, for the consideration hereinafter 
mentioned, shall and will forthwith take down the now 
dwelling-house of the said J. F., situate, &c., and in the 
room thereof, shall make, erect, build, and set up one new 
tenement or dwelling-house, to be 40 feet wide, and 50 
feet long, together with a cellar of the same length and 
breadth ; and shall also make four rooms on each floor, 
and shall find and provide, at his own proper costs and 
charges, all and all manner of tiles, bricks, laths, nails, 
lead, iron, sand, and lime, and all other materials whatso- 



458 MAINE TOWNSMAN. 

ever, which shall be fit and necessary to be used in or 
about the said building, and shall carry away all rubbish 
whatsoever which shall arise by reason of the said build- 
ings ; and shall and will in all things, well and workman- 
like erect, set up, and finish the said building at or before 

the tenth day of next ensuing the date hereof; in 

consideration of which said building, so to be done and 
finished in manner and form aforesaid, the said J. F., for 
himself, his, &c., doth covenant, &c. (to pay for the build- 
ing as in the other forms). 
In witness, &c. 

Agreement between a Merchant and a Booh-heeper, 

•Articles, &?., between A. B., of, &c., and C. D., of, &c. 
The said C. D. agrees, that he will, during the term of 

years from the date hereof, dwell with the said A. 

B., and fxithfully keep the books of accounts of the said 
A. B., and diligently serve the said A. B. in such other 
business as the said A. B. shall direct, and shall therein 
perform the reasonable directions of the said A. B. with- 
out disclosing the same, or any of his correspondence, or 
the secrets of his employment or business to any person 
whatsoever; and shall not correspond with any person 
corresponding with the said A. B., nor use any traffic or 
dealing for himself, or any other person, without the con- 
sent of the said A. B. in writing. And the said C. D. 
further covenants, that he will, during the said term, keep 
true and perfect accounts, for the sai 1 A. B., and will not 
embezzle, waste, or destroy any of the goods, moneys, or 
effects of the said A. B. or any of his correspondents ; 
and also that he the said C. D. will, from time to time, 
during the sai 1 term upon request, make and give unto 
the said A. B., his, &c., a just and perfect account in 
writing of all money, which he the said C. D. shall receive 
and pay out, and of all goods and commodities, which he 
shall at any time during the said term, receive in or de- 
liver out upon the account of the said A. B. or any of his 
correspondents, or by the order of the said A. B. And 
also that he, the said C. D., his, &c., will pay to the said 
A. B., his, <fcc., all such sums of money as shall be due 
upon the foot of every such account. And also, that he, 
the said C. D., will not deUver forth upon credit any of 
the goods, merchandise, or moneys, of the said A. B. or 



MISCELLANEOUS FORMS. 459 

any of his correspondents, to any person or persons what- 
soever, without the express consent of the said A. B. 

And the said A. B., for himself, &c., covenants that he 
will pay to the said C. D., in consideration of the said 

services, the yearly sum of in equal payments, on 

the days following, viz., on, <fec., and will, during the said 
term, provide for the said C. D. sufficient and suitable 
meat, drink, washing, and lodging. 

In witness, &c. 



Agreement respecting the sale of Patent Commodities. 

This Indenture, made, &c., between A. B. of, &c. (the 
grantor), of the one part, and C. D. of, &c. (the grantee), of 
the other part, witnesseth : Whereas [recite the substance 
of the i^atent], and whereas the said A. B. for the consid- 
erations hereinafter contained, hr.th agreed with the said 
C. D. to license and authorize the said C. D., his execu- 
tors, administrators, and assigns to make and vend the 
patented articles specified in the said patent, during the 
continuance of the said patent, or any renewal thereof, in 
manner hereinafter p:irticularly specified : Now, in pursu- 
ance of the said agreement, and in consideration of the 
covenants anl agreements hereinafter entered into, on the 
part and behalf of the said C. D. to be performed, and in 
consideration of one dollar paid to the said A. B. by the 
s ii 1 C. D., the receipt whereof is acknowledged, the, said 
A. B. doth hereby give and grant unto the said C. D. his 
executors administrators, and assigns, from time to time 
and at all times, for and during all the rest, residue, and 
remainder of the said term of fourteen years by the said 
letters-patent, granted and yet to come and unexpired,and 
also for and during all such future term or terms, as shall 
or may be at any time or times hereafter granted therein, 
by way of any new patent, or renewal of the now subsist- 
ing patent or otherwise, full and free liberty, license, 
power and authority, to make, vend, or sell, either whole- 
sale or retail, within, &c. [specify the limits], the said new 
invented and patented articles, for which the said A. B. 
hath obtained the said in part recited letters-patent, and 
to take, receive, to and for the use of the said 0. D. his, 
&c., all profits and advantages, which shall or can be made 
by the making and selling of the said patented articles 
within the said, &c., and that without any let, suit, trouble, 



460 MAINE TOWNSMAN. 

or hinderance of, from, or by him the said A. B., his execu- 
tors or administrators, or any other person or persons 
claiming to hold and use such invention, as aforesaid, 
from, by, under, or in trust for him or them, by virtue of 
the said letters-patent, or otherwise. 

Grantor covenants not to license any other person within 
certain limits. 

And the said A. B. for himself, his heirs, executors, ad- 
ministrators, and assigns, doth hereby covenant and agree 
with the said C. D., his executors, &c., that he the said A. 
B., his executors, &c., shall not nor will at any time or 
times during the residue and remainder of the said term 
of fourteen years, by the said letters-patent granted, or 
any future term of years, which shall or may at any time 
hereafter be granted therein, by way of any new patent, 
or renewal of the now subsisting patent, or otherwise, 
grant any license to any other person or persons, to make 
or vend the said patented and newly invented articles, 
within [state the limited distance] without the special 
license and consent of the said C. D., his executors, <fcc., in 
writing, under their hands first had and obtained, and un- 
less the same be purchased of the said C. D., his execu- 
tors, &c. 

Grantee covenants to pay certain prices to grantor, &c. 
And the said C. D. for the considerations aforesaid, and 
in consideration of such license so granted to him as afore- 
said, for himself, his heirs, executors, &c. doth covenant, 
promise, and agree, to and with the said A. B., his execu- 
tors, &G. that he the said C. D., his executoi-s, &c., shall 
and will, well and truly pay to the said A. B., his execu- 
tors, &c., for every such newly invented and patented, 
&c., that he the said C. D., his, &c., shall so vend or sell 
the sum of dollars. 

An assignment of a patent, for the sole use of an inven- 
tion. 

An indenture, made, &c., between A. B., of , of the 

one part, and C. D., of , of the other part; Whereas 

the said A. B. hath by his long study, expense, and ex- 
perience, invented a method of, &g., by a new and useful 
engine never before known or used in [the United States 



MISCELLANEOUS FORMS. 461 

of America], and whereas upon representing, &c. [recite 
the patent]. Now this indenture witnesseth, that the 
eaid A. B., for and in consideration of the sum of — — , to 
him in hand paid by the said C. D., the receipt whereof is 
hereby acknowledged, by these presents doth grant, &c,, 
unto the said C. D., his executors and administrators, all 
the right, title, and interest of him the said A. B., of, 
in, and to the ncAV invention aforesaid, granted and se- 
cured by the aforesaid patent. 

To have and to hold the said new invention, with all 
the benefit, profit, and advantage thereof, to the said C. 
D., his executors, &c., in as ample and beneficial a man- 
ner, to all intents and purposes, as he the said A. B., by 
virtue of the said letters-patent, might have had, or held 
the same, if this present assignment had not been made, 

for and during all the residue of the said term of 

years, mentioned in the said letters-patent. And the said 
A. B. doth, by these presents, constitute and appoint the 
said C. D., his assignee and grantee, of and for the said 
invention, and the profits thereof, for the residue and re- 
mainder of the said term of years, granted by the 

patent above mentioned. And the said A. B. doth cove- 
nant to and with the said (J. D., that he, the said C. D., 
his executors and administrators, shall and may, by virtue 
of these presents, have, take, and receive, all profits and 
advantages whatsoever, that may or shall be made, of, or 
by reason of the ncAV invention aforesaid ; and that he 
the said A. B., his executors and administrators, shall and 
will do anl execute, or cause to be done and executed, all 
and every sucli other act and acts, thing and things, de- 
vice and devices, for the further, better, and more perfect 
assigning and assuring of the patent above-mentioned, 
and the right, title, and interest of the said A. B., his, &c., 
as he the said C. D., his, &c., or his or their counsel learned 
in the law, shall reasonably advise and require. In wit- 
ness, &c. , 

An Assignment and letter of attorney/ from an adminis- 
tratrix of a copartner^ to the surviving copartner^ of 
all the debts due in copartnership. 

To all, &c., I, N. O., of , &c., administratrix of all 

and singular the goods and chattels, which lately did be- 
long and appertain unto J. O., late of , &c., deceased, 



462 MAINE TOWNSMAN. 

send greeting. Whereas T. O., of , &c., and the said 

J. O. in his lifetime, were copartners, &c., during which 
term of their copartnership, divers debts were made due 
to them as copartners, which yet remain unsatisfied, part 
whereof belong to me the said N. O., by virtue of the ad- 
ministration aforesaid, and divers other debts were since 
made by the said T. O. and me the said N. O., which re- 
main in account between the said T. O. and me the said 
N. O., and which do also remain unsatisfied, one part or 
share whereof belongs to me the said N. O. : Now there- 
fore, know ye, that I, the said N". O., in consideration, &c., 
do make, &c., the said T. O. my true, &c., attorney and 
assignee in this behalf, viz., in the name or names of the 
said J. O., deceased, or me the said N. O. and the said J. 
O.^ or in the names of us or any of us, as cause shall re- 
quire, but to the only proper use and benefit of my said 
attorney, his, &c., to ask, &c., all and singular such debts, 
as are or shall be due or in anywise belonging unto me the 
said N. O., by any person or jjersons whatsoever, for or in 
respect of the said copartnership between the said T. O. 
and the said J. O., deceased, or for or in respect of any 
other dealings between me the said N. O. and the said 
T. O. ; giving, &c. [covenants not to revoke, nor to com- 
pound or discharge, &e.]. 
In witness, &g. 



The condition of a Bond that a person when of age shall 
convey. 

Whereas T. S., of , deceased, by his last will and 

testament in writing-, bearino; date on or about the 

day of , did among other things give, devise, and 

bequeath all that messuage or tenement, &c., then in the 
occupation of his brother W. S., to be divided between 
his two sons G. S. and R. S., their heirs and assigns, 
equally, part and shire alike ; and whereas the above- 
named I. G. hath agree;! with the said G. S. and R. S., for 
the absolute purchase of the said premises, devised to 

them as aforesaid, at and for the sum of , but the 

said R. S., not being yet of age, cannot join in conveying 
the same to the said I. G. ; and whereas the said I. G. 
hath at request of the above-bound R. R., and on his 
promise and undertaking that the said R. S. should as 
soon as he shall have attained the age of twenty-one 



MISCELLANEOUS FORMS. 463 

years, at the costs and charges of the said I. G., convey to 
the said I. G., his heirs and assigns, his undivided moiety 
or half part of the said premises, paid into the hands of 
the said G. S. the whole of the said purchase-money, and 
the said G. S. hath by his deed of even date herewith 
duly made, sealed, delivered, and acknowledged, con- 
veyed his undivided moiety, or half part of the said 
messuage or tenement and premises, to the said I. G., his 
heirs and assigns. Now the condition of this obligation 
is such, that if the said R. S. do and shall as soon as he 
shall have attained the said age of twenty-one years, at 
the costs and charges of the said I. G., convey unto the 
said I. G., his heirs and assigns, by such deeds and con- 
veyances as the counsel of the said I. G. shall advise, his 
undivided moiety or half part of the said premises, 
devised to him and the said G. S. as aforesaid, and that 
without any consideration to be paid him by the said I. G. 
for so doing ; and also if, and in case the said R. R., his 
heirs, executors, or administrators, do and shall in the 
mean time, and until the said R. S. shall have executed 
such conveyances as aforesaid, save, defend, keep harmless 
and indenmitied the said I. G., his heirs, executors, and 
administrators, and the said premises, to be conveyed by 
the said R. S. to the said I. G. as aforesaid, and the rents, 
issues, and profits thereof, of and from all claims and 
demands to be made thereto by, or on the part and be- 
half of the said R. S. : Then, &c. 

A bond to indemnify one that indorsed a promissory note 
for another. 

Know all, &c. Whereas the above-bound A. by bill or 
note under his hand, dated the, &c., hath promised to pay 

unto C, or order, six months after date, the sum of , 

with interest thereon till paid; and whereas the above- 
named B., at the request and for the only debt of the said 
A., hath indorsed the said recited bill or note, and is 
thereby become chai-geable, with and for payment of the 
said sum of , and interest, at the time therein men- 
tioned, as by the said bill and the indorsement thereupon 
may appear. Now the condition, &c., that if the said A., 
his executors or administrators, do and shall, well and 

truly pay the said sum of, for which the said note is 

so given, and the interest thereof, on the day of payment 



464 MAINE TOWNSMAN. 

therein mentioned and in full discliarge thereof, and 
thereof and therefrom, and from all actions, suits, charges, 
payments, and damages by reason thereof, shall and do, 
at all times, well and sufficiently save harmless, and keep 
indemnified the said B., his heirs, executors, and admin- 
istrators and every of them ; then, &c. 



The condition of a bond of indemnity on paying a lost 

bond. 

Whereas the above-named A. B., by his bond or obliga- 
tion under his seal, bearing date on or about the day 

of , became bound to the above-bound C. D., in the 

penal sum of , conditioned for the payment of the 

sum of , unto the said C. D., his executors, adminis- 
trators, or assigns, at the end of months next 

ensuing, &c., as in and by the said bond, when produced, 
will more fully appear. And whereas the said bond is 
alleged to be lost, or so mislaid that the same cannot be 
found; and whereas the said A. B., the day of the date 
hereof, at the request of the said C. D., and on his promise 
of indemnity, has made him full satisfaction of and for 
the said bond. Now the condition of this obligation is 
such, that if the above-bounden C. D., his heirs, executors, 
or administrators, or any or either of them, do and shnll, 
in case the said bond or obligation shall happen to be 
found, or come to the hands, custody, or power of the said 
0. D., his heirs, executors, or administrators, or either of 
them, or to the hands, custody, or power of any other 
person, deliver or cause the same to be delivered unto the 
said A. B., his executors or administrators, in order to be 
canceled and destroyed, and also shall and do, from time 
to time, and at all times hereafter, save and keep harm- 
less and indemnified the said A. B., his heirs, executors, 
and administrators, of and from all actions, damages, and 
expenses whatsoever, which shall, or may at any time 
hereafter, happen or come to them, for or by reason of 
the said bond or obligation, or any of the money thereby 
paid, or for, touching or concerning the same ; then this, 
&c. 



MISCELLANEOUS FORMS. 465 

The condition of a Bond of Indemnity given to one hound 
for the obligor for the payment of 3Ioney. 

Whereas the above-named A. B., at the special instance 
and request, and for the only debt of the above-bounden 
C. D. together with him the said C. D., is in and by one 
bond or obligation, bearing even date with the above- 
written obligation, held and firmly bound unto E. F., of 
^ in the penal sum of , conditioned for the pay- 
ment of ^ &c., with interest for the same after the rate 

of per cent per annum, on next ensuing the 

date of the said recited obligation, as, in and by the said 
recited obligation and the condition thereof, may more 
fully appear: [or recite the condition verbatim] : Now the 
condition of this obligation is such, that if the said C. D., 
his heirs, executors, or administrators, do and shall, well 
and truly pay, or cause to be paid unto the said E. F., his 

executors, administrators, or assigns, the said sum of , 

with the interest for the same after the rate of per 

cent per annum, as aforesaid, on the day of , 

next ensuing the date of the said recited obligation [if the 
bond is made payable at several times, say, " on the sev- 
eral days and times, limited in the said recited condi- 
tion"], according to the true intent and meaning thereof^ 
and in full discharge and satisfaction of the said recited 
obligation ; and if he the said C. D., his heirs, executors, or 
administrators, shall also from time to time, and at all 
times hereafter, save harmless and indemnify him the said 
E. F., his executors and administrators, and his and their 
goods and chattels, of and from all damages, sums of 
money, and costs and charges, which he, they, or any of 
them, shall or may at any time hereafter, be put unto, 
by reason of the said A. B.'s being bound with the 
said C. D. for the payment of the sum of money and in- 
terest aforesaid ; then, &c., or else, &c. 

An agreement to hold parts of a Ship to he huilt, and pay 
proportion of the prime cost and outfit. 

We, who have hereunto set our hands and seals, do 
agree with A. B., of, &c., severally, that each of us will 
hold the several parts by us hereunder respectively sub- 
scribed, of a new ship, to be of the burden of 500 tons or 
thereabout, for the building whereof the said A. B. hath 
contracted with C. D., of, &c,, of which ship when finished, 



466 MAINE TOWNSMAN. 

we agree that E. F., of, &c., shall be master, and that each 
of us shall pay his respective full proportional part of the 
money, to be paid for the building of the said ship, at the 
time the same shall become due by the contract in that 
behalf, and also of the charge of the outset and fitting the 
said ship to sea, for such voyage as the major part of the 
owners thereof, according to their parts therein, shall 
agree. In witness, &g. 

An agreement to engrave a set of cuts for a hook. 

Articles, <fcc. 

The said B. (the engraver), for the consideration here- 
inafter mentioned, doth for himself, &c., covenant with 
the said A., his, &c., that he, the said B., at his own charges, 
will provide good and proper copperplates, and will en- 
grave thereon the effigy of every king and queen that has 
reigned as sole monarch of the kingdom of England or of 

Great Britain, from to the date hereof; and will in a 

workmanlike manner, finish and deliver every such effigy, 
within fourteen days next after every notice shall be given 
for the delivery of the same. 

And the said A.^ in consideration thereof, for himself, 
i&c, doth covenant that he the said A., or his, &c., shall 
pay to the said B., upon the delivery of every such effigy 
as aforesaid the sum of . In witness, &c. 

A Deed given hy a sheriff^ of an equity of redemption 
sold at public auction. 

To all persons to whom these presents shall come, D. 

T., of , a deputy-sheriff under B. P., &c., sheriff of 

the county of , sendeth greeting. 

Whereas I, the said D. T., on, &c., attached on mesne 

p^'ocess, in a suit wherein J. W., of , was plaintiff, 

and E. E., of , vv-as defendant, all the right in equity 

which the said E. E. had of redeeming the real estate 
hereinafter described, and whereas by the consideration 

of the court of ■, holden at ■, within and for the 

county of , on, &c., the said J. W. recovered judg- 
ment against the said E. E. for the sum of • debt or 

damage, and the sum of costs of suit, upon which 

judgment a writ of execution issued from the said court 

on the day of , to me directed ; and whereas, by 

virtue of the said writ of execution, and in order to satisfy 



MISCELLANEOUS FORMS. 467 

the same, I did afterwards, on the day of , take 

and seize the right in equity of said E. E. of redeeming 
the following parcels of real estate, to wit, &c. [the prem- 
ises being subject to a mortgage made by the said E. E. 
to D. D., of , his heirs and assigns, to secure the pay- 
ment of ■ and lawful interest therefor, from the 

day of , as by the mortgage deed of the said E. E. to 

the said D. D., dated the day of , recorded in the 

registry of deeds of the said county, book , leaf , 

reference thereunto being had, will more fully appear] : and 

whereas afterwards, on the day of , having duly 

given notice to the said E. E., and having duly advertised 
the premises according to law, I sold the same at public 

auction to A. B., of , in the county of -, who was 

the highest bidder, and the purchaser at said sale, for the 
sum of , which was the highest sum then bid there- 
for : N"ow know ye, that I the said D. T. as deputy-sheriff 

as aforesaid, in consideration of the said sum of to 

me paid by the said A. B., the receipt, &c., do hereby 
grant, &c., unto the said A. B., his heirs and assigns for- 
ever, all the right in equity of redeeming the above de- 
scribed premises. To have and to hold the same to the 
said A. B., and his heirs and assigns, to his and their use 
forever; subject, nevertheless, to the right in equity of 
the said E. E. of redeeming the same, according to the 
statute in such case made and provided. And I, the said 
D. T., do hereby covenant with the said A. B., his heirs 
and assigns, that in the said sale I have complied with, and 
observed all the rules and directions of the law for mak- 
ing sale of rights in equity of redeeming real estate, taken 
in execution. 
In witness, &c. 



A Deed hy an Administrator. 

Know all men, &c., that I, A. B., of , as I am 

administrator of the goods and estate, which were of C. 
D., late of , deceased, intestate, being duly empow- 
ered in this behalf by the supreme judicial court, holden 
on, &c., &c. (or by the circuit court of common pleas for 

the circuit holden on at within the said 

county) in pursuance of a sale at public auction, and in 

consideration of the sum of ~, to me paid by E. F., of 

(who was the highest bidder, at the said sale, for the 



468 MAINE TOWNSMAN. 

estate hereinafter described), tlie receipt whereof I do 
hereby acknowledge, do hereby grant, bargain, sell, and 
convey, unto the said E. F., his heirs and assigns forever, 
a parcel of land, situate, &c., bounded and described as 
follows, viz., &c. 

To have and to hold the said parcel of land, with the 
privileges and appurtenances thereof, to the said C. D., 
his heirs and assigns, to his and their use and behoof for- 
ever. And I, the said A. B., do covenant with the said 
E. F., his heirs and assigns, that I am duly empowered to 
convey the same to the said E. F., as aforesaid ; that I 
have in all things observed the rules and directions of the 
law in the said sale, and that I will, and my heirs, execu- 
tors, and administrators shall, warrant and defend the 
same unto the said E. F., his heirs and assigns, against 
all persons claiming the same, by, from, or under the said 
C. D., or me, the said A. B., but against no other persons. 

In witness, &c. 

An Assignment of Monet/ due for Freight of a Ship. 

To all, &c., J. M., &c., sends greeting. Know ye, that 

in consideration of the sum of , to the said J. M., in 

hand, &c., at, &c., by C. S., of , paid, the receipt, &c., 

he, the said J. M., doth hereby grant, &c., unto the said 
C. S., the one full and equal 32d part of all such 
sum and sums of money, as are remaining due and owing, 
from all and any person and persons, for or on account of 

the ship S., burden about tons, M. G. late master, 

for the freight, hire, or service of the said ship, or other- 
wise, howsoever, and payable and belonging to the said 
J. M., for the thirty-second part of said ship, whereof 
he was owner at the time of the sale thereof, and all his 
right, title, and interest in and to the same, and every 
part thereof; to have, hold, and enjoy the same unto the 
said C. S., his, &c., to his and their own proper use and uses, 
without any account thereof to be made or given. [Add 
a letter of attorney and a covenant for quiet enjoyment.] 

An Assignment of Sailor^ s Wages.' 

To all, &c,, H. S., of , sends greeting. Know ye^ 

that for and towards payment of the debt or sum of money 
which the said H. S. oweth, and is indebted to T. S., of 



MISCELLANEOUS EORMS. 469 

— -, at the sealing hereof, he the said H. S. doth by these 
presents assign, &c., unto the said T. S. all such sum and 
sums of money, as now are due and j^ayable to him for his 
wages, for his service on board the ship G., O. G. master, 
and all his right, title, claim, and demand of, in, and to 
the same : to have and to hold the same, unto the said T. 
S., his, &c., to his and their own use, and uses, for and 
towards payment of the said debt as aforesaid. And for 
the better recovering and receiving of the same, the said 
H. S. doth hereby make, &c., the said T. S., his, &c., his 
true, &c., attorney, irrevocable, to demand, &c., of and 
from the owners of the said ship G., and all others whom 
it may concern, all the said wages hereinbefore assigned, 
and to do all other acts, &c., necessary, &c., &c., and doth 
hereby ratify, &g. And the said H. S., &g. [add cove- 
nants, that he has not released, and to do any further 
act, &c.]. 
In witness, &c. 



A waiver of seisin of mortgaged premises entered upon 
for breach of condition. 

An agreement made, &c., between A. B., of, &c., of the 
first part, and C. D., of, &c., of the second part. 

Whereas the said C. D., on the day of , in the 

^ear , by a certain deed of mortgage of that date, 

conveyed to the said A. B. the house and land situate, 
&c., and more particularly described in said deed of mort- 
gage, for the purpose of securing to the said A. B. the 
payment of one thousand dollars with interest; and 

whereas, on the day of , in the year , entry 

on the premises was made and possession taken, by the 
said A. B. for breach of condition by the said C. D. : 

Now this agreement witnesseth, that in consideration 
that the said C. B. hath engaged and doth hereby engage, 
that he will punctually and faithfully pay the interest of 
the said one thousand dollars, and will keep in good repair 
the premises, and act in all respects as a prudent and dil- 
igent owner of the same, the said A. B. doth hereby agree 
to withdraw and waive his seisin and possession of the 

E remises in favor of the said C. D., without prejudice, 
owever, to his security under the said mortgage, so that 
the rights of the said A. B. and of the said C. D. shall 



470 MAINE TOWNSMAN. 

stand as if he had never had possession of the mortgaged 
premises as aforesaid. 
In witness, &c. 

An agreement hetiveen several to purchase an estate ; each 
to pay his proportion of the purchase-money and char- 
ges, ^c. 

Whereas it has been proposed that we, A. B., of, &c., 
yeoman, and C. D., of, &c., husbandman, and E. F., of 
&c., blacksmith, or some one of us, shall purchase all that 
parcel of land, situate in, &c., &c., in the occupation of G. 
H., of, &c., esquire. Now we severally agi-ee with each 
other, that if any one or more of us, shall purchase the 
said parcel of land, that the others or other of us, will pay 
our respective proportions of such purchase-money, and 
that all charges and expenses relating thereto, shall be 
borne by us in equal proportions, and that such purchase 
shall be for the joint and equal benefit of us all ; provided, 
that the purchase-money for the said parcel of land, &C.5 
do not exceed ten thousand dollars. Witness our hands 
and seals this day of, &c. 

An agreement in articles of purchase, as to the time of 

receiving possession. 

And it is agi*eed between the said parties, that the said 
B. shall be let into possession of the premises on or before 

the day of next ; but that all arrears of rent 

and other profits, arising from the said premises, which 
shall at that time be due or payable, shall belong to the 
said A., his heirs or assigns, and that he and they shall 
have full liberty to receive the same. 

An appointment of a G-uardian. 

Know all people by these presents, that I, N. O., of 
-, son and heir of G. O., late of , deceased, being 



above the age of fourteen years, namely, about the age of 
seventeen years, have nominated, elected, and chosen, and 

by these presents do, &c., E. F., of , to be guardian as 

well of my person, as of my real and personal estate, until 
I shall attain the age of twenty-one years, &c. 



In witness, &c. 



MISCELLANEOUS FORMS. 471 

Bond from a surety to a merchant^ who has agreed to sup- 
ply a tradesman with goods^ conditioned to he void 
on payment hy the tradesman^ ^c. 

Know all men by these presents, that I, A. B., of, &c. 
[the obligor], am held and firmly bound to C. D., of, &c. 
[the obligee], in the sum of two thousand dollars, to be 
paid to the said C. D., or to his certain attorney, exec- 
utors, administrators, or assigns : for which payment well 
and truly to be made, I bind myself, my heirs, executors, 
and administrators, and every of them firmly by these 
presents ; sealed with my seal ; dated, &c. 

The condition of the above obligation is such, that 
whereas, E. F., of, &c., trader, intends to cany on the 
trade or business of , at aforesaid, and hath ap- 
plied to and requested the said C. D. to supply him 
with goods, in the way of his trade ; which he has agreed 
to do, upon the said A. B.'s entering into a bond in the 
penalty above mentioned, and as is hereinafter expressed; 
Now, if the said E. F., his heirs, executors, or adminis- 
trators, should from time to time, and at all times 
hereafter, well and truly pay or cause to be paid unto the 
said C. I)., his executors, administrators or assigns, all 
and every such sum and sums of money, as shall, at any 
time or times hereafter become due and owing to him, 
the said C. D., from the said E. F., for goods, which shall 
or may, at any time or times hereafter be sold by him to 
the said E. F., and sent and delivered to, or to the order 
of the said E. F., as such sum or sums shall respectively 
become due and payable ; or, in case the said E. F., his 
heirs, executors, or administrators, should at any time or 
times hereafter, make default in the payment of any such 
sum or sums, and the said A. B., or his heirs, executors, 

or administrators, should within calendar months 

next after notice of any such dcfiult, and of the sum then 
due, shall be given to, or be left at the dwelling-house of 
the said A. B., or of his heirs, executors, and administra- 
tors, by the said C. D., or his executors or administrators, 
well and truly pay, or cause to be paid unto the said C. D., his 
executors, administrators, or assigns, all and every such 
sum and sums of money, as at the time of such notice 
shall be due and owing from the said E. F., his executors, 
or administrators, unto the said C. D., his executors, ad- 
or assigns, in case the same should not 



372 ^ MAINE TOWNSMAN. 

exceed the sum of one thousand dollars ; but if the same 
should exceed the sum of one thousand dollar?, then the 
sum of one thousand dollars, in part of such sum or sums, 
then due and owing, as last aforesaid; or, if no such notice 
as aforesaid, should be given or left as aforesaid ; then, in 
any of the said cases, the above-written bond or obliga- 
tion shall be void, and of no eflfect ; otherwise shall remain 
in full force and virtue. 

A bond to permit a wife to live separate from her hus- 
band; given to a third jjerson on the wife's behalf. 
Whereas, A. B., the wife of the above-bounden C. B., 
now lives separate and apart from her said husband, and 
follows the business and employment of making and sell- 
ing, &c., and the said C. B. hath agreed that his said wife 
shall have and receive all benefit arising thereby, or by 
any other trade or business which she may think fit to 
follow, for her own separate use and support, wherewith 
he, the said C. B., is not to intermeddle, or have any 
profit or advantage therefrom, so as she, the said A. B., 
doth not and shall not contract any debt or debts, for 
which the person or effects of her said husband shall or may 
be sued, charged, or incumbered by any means whatso- 
ever : now the condition of this obligation is such, that if 
the said C. B., do and shall, from time to time, and at all 
times, during the natural life of the said A. B., permit and 
suffer her, the said A. B., to live separate and apart from 
him, and to have and receive all profit, benefit and advan- 
taoje arising, or which shall arise from her said trade or 
business of making and selling, &c., or any other trade or 
business which she shall follow or employ herself in, to 
and for her own separate use, support, and maintenance, 
without any account, suit, trouble, or molestation what- 
soever, and without doing, or causing, or permitting to be 
done, any act, matter, or thing Avhatsoever, whereby the 
said A. B. shall or may be molested or incumbered by 
any means whatsoever ; and also, if the said C. B., his 
heirs, executors, or administrators, or his or their goods 
or chattels, lands or tenements, shall at any time or times 
hereafter, be sued, attached, or otherwise charged, or in- 
cumbered for or by reason or means of any debt or debts 
which his said wife hath contracted, or shall or may con- 
tract, then and in either of the said cases, this obligation 
shall be void, otherwise, &c. 



MISCELLANEOUS FORMS. 473 



CERTIFICATES. 

Certificate of acknowledgment by one grantor, 

— ss. dav of , A. D. . Then the above- 



named A. B. personally appeared and acknowledged the 
above instrument to be his free act and deed, before me, 

K. B., Justice of the Peace. 

Sy tvio or more. 
ss. day of , a. d. . Then the above- 



named A. B., C. D., and E. F., personally appeared, and 
severally acknowledged the above instrument to be their 
free act and deed, before me, 

R. B., Justice of the Peace, 

Py husband and wife. 
ss. day of , a. d. . Then the above- 



named A. B., and C. D. his wife, personally appeared, and 
severally acknowledged the above instrument to be their 
free act and deed, before me, 

A. M.. Justice of the Peace, 

A joint covenant to one person. 
And the said A. B., C. D., and E. F., for themselves, 
their executors, and administrators, and for every of them, 
do covenant, &c. 

A joint and several covenant. 
And the said A. B., C. D., and E. F., for themselves, 
their heirs, executors, administrators, and assigns, do 
jointly and severally covenant with the said G. H., his, &c. 

A several covenant. 
And the said A. B., C. D., E. F., and G. H., for them- 
selves severally and respectively, and for their several and 
respective heirs, executors, and administrators, and not 
jointly, or the one for the other, or others of them, do 
covenant, with the said K. L,, his heirs and assigns, by 
these presents in manner following (that is to say), &c. 

The acknowledgment of a deed executed by a corporation, 

ss. day of , a. d. . Then A. B., 

president, and C. D., E. F., and G. H., directors of the com- 



474 MAINE TOWNSMAN. 

pany of , personally appeared and acknowledged the 

foregoing instrument to be the free act and deed of the 
said company. Before me, A. B., Justice of the P.eace. 

Certificate of entry on mortgaged premises. 

Portland, Jan. 8, 1872. 
Then A. B., the within mortgagee, made open and peace- 
able entry into the real estate described in the within 
deed of mortgage for the purpose of foreclosing the same 
for breach of the condition contained therein, in the pres- 
ence of us who have hereunto set oiir names, and with the 
consent of C. D., the within mortgagor, who has also here- 
unto set his name. C. D. 
E. F. 
G. H. 
Then personally appeared, &c. 



Bond of Licensed Innholders and Victualers. 
[Since the body of this work was in type, an addition 
has been made by the legislature of 1872, to the condi- 
tions of this bond. The following is, therefore, here 
inserted as a correct form.] 

Know all men, that we , as principal, and , as 

sureties, are holden and stand firmly bound to ^ 

treasurer of the town of , in the sum of three hun- 
dred dollars, to be paid to him, or to his successor in said 
office, to the payment whereof we bind ourselves, our 
heirs, executors, and administrators, jointly and severally, 
by these presents. 

Sealed with our seals. 

Dated the day of , in the year 18 — . 

The conditions of this obligation are such, that, whereas 

the above-bounden has been duly licensed as a , 

within the said town of , until the day ^icceeding 

the first Monday of May next. Now^, if in all respects, 
he conforms to the provisions of the law relating to the 
business for which he is licensed, and to the rules and 
regulations as provided by the licensing board in reference 
thereto, and shall not violate any law of the State relating 
to intoxicating liquors, then this obligation shall be void, 
otherwise shall remain in full force. 

Signed, sealed, and delivered ") 
in presence of . j 



MISCELLANEOUS FORMS. 



475 



The following table, adopted by the supreme court of 
Massachusetts, in Estabrook v. Hapgood, 10 Mass. 313, 
will be found interesting and convenient, in calculating 
the chances of life, with a view to the valuation of 
dowers, and other life-estates. 

There is added a table for the valuing of any life- 
estate yielding a given income, the chance of life being 
ascertained by reference to the first table. 



DR. WIGGLES WORTH'S TABLE. 



Ages. 


Persons 
living. 


Deere, 
of life 


Expecta. 

of life. 
Yrs. Dec. 


Ages. 


Persons 
living. . 


Deere, 
of life. 


Expecta. 

of life. 
Yrs. Dec. 


At birth. 


4893 


1264 


- 48.15 


51 


1261 


27 




1 


3629 


274 




52 


1234 


27 




2 


3355 


188 




53 


1207 


27 




8 


3167 


132 




54 


1180 


27 




4 


3035 


84 




55 


1153 


27 


-18.35 


6 


2951 


58 


- 40.87 


56 


1126 


27 




6 


2893 


55 




57 


1099 


27 




7 


2838 


47 




58 


1072 


27 




8 


2791 


40 




59 


1045 


27 




9 


2751 


36 




60 


1018 


27 


- 15.43 


10 


2715 


28 


- 39.23 


61 


991 


27 




11 


2687 


27 




62 


964 


27 




12 


2660 . 


27 




63 


937 


27 




13 


2633 


27 




64 


910 


27 




14 


2606 


27 




65 


883 


37 


- 12.43 


15 


2579 


42 


- 36.16 


66 


846 


37 




16 


2537 


43 




67 


809 


37 




17 


2494 


43 




68 


772 


37 




18 


2451 


43 




69 


735 


37 




19 


2408 


43 




70 


698 


37 


- 10.0ft 


20 


2365 


43 


-34.21 


71 


661 


37 




21 


2322 


42 




72 


624 


37 




22 


2280 


42 




73 


587 


38 




23 


2238 


42 




74 


549 


38 




24 


2196 


42 




75 


511 1 


37 


-7.83 


25 


2164 


40 


- 32.32 


76 


474 


37 




26 


2114 


38 




77 


437 


37 




27 


2076 


88 




78 


400 1 


37 




28 


2038 


38 




79 


363 


37 




29 


2000 


38 




80 


326 


35 


-5.85 


30 


1962 


38 


-30.24 


81 


291 


34 




81 


1924 


38 




82 


257 


34 




32 


1883 


38 




83 


223 


34 




83 


1848 


38 


1 


84 


189 


34 




34 


1810 


88 




85 


155 1 


21 


-4.57 


35 


1772 


35 


- 28.22 


86 


184 


21 




36 


1737 1 


35 




87 


113 


21 




37 


1702 ! 


85 




88 


92 


20 




38 


1667 


35 




89 


72 


20 




89 


1632 


35 




90 


52 


8 


-8.73 


40 


1597 


35 


— 26.04 


91 


44 


7 




41 


1562 


35 




92 


37 


7 




42 


1527 


35 




93 


30 


7 




43 


1492 


35 




94 


23 


7 




44 


1457 


34 




95 


16 


6 


1.62 


45 


1423 


27 


- 23.92 


96 


10 


5 




48 


1396 


27 




97 


5 


3 




47 


1369 


27 




98 


2 


1 




48 


1342 


27 




99 


1 


1 




49 


1315 


27 












50 


1288 


27 


-21.16 











476 MAINE TOWNSMAN. 

The present value of an annuity of |1 at the expiration 
of years at 5 ner cent. 



Tears. 


years a 
Dots. 


x D pel 

cts. 


' cent. 


Tears. 


Dots, 


cts. 


&c. 


1 




95 


23 


19 


12 


08 


53 


2 


1 


85 


94 


20 


12 


46 


22 


3 


2 


72 


32 


21 


12 


82 


11 


4 


3 


54 


59 


22 


13 


16 


30 


5 


4 


32 


94 


23 


13 


48 


85 


6 


5 


07 


56 


24 


13 


79 


86 


7 


5 


78 


63 


25 , 


14 


09 


39 


8 


6 


46 


32 


26 


14 


37 


51 


9 


7 


10 


78 


27 


14 


64 


SO 


10 


7 


72 


17 


28 


14 


89 


81 


11 


8 


30 


64 


29 


15 


14 


10 


12 


8 


86 


32 


30 


15 


37 


24 


13 


9 


39 


35 


31 


15 


59 


28 


14 


9 


89 


86 


32 


15 


80 


26 


15 


10 


37 


96 


33 


16 


00 


25 


16 


10 


83 


77 


34 


16 


19 


29 


17 


11 


27 


40 


35 


16 


37 


41 


18 


11 


68 


95 


36 


16 


54 


68 



The above table gives the value of an estate yielding 
an income of one dollar a year, the expectation of life in the 
given case being ascertained as directed above ; of course, 
the income in the given case is to be multiplied by the 
value found where the income is one dollar. 



INDEX 

TO 

MISCELLANEOUS FORMS 



PAGE 

Advertisement of taxed lands 442 

Affidavits 453-454 

Agreement, general form of 423 

" to compound debts 441 

" on sale of corn 423 

" not to sue 442 

" to convey land 423 

" to build house 424 

" of partnership 419 

" to continue partnership 420 

" to be signed by an auctioneer, after a sale of land at auction. . . 451 

♦* to be signed by the purchaser of lands at auction. 451 

" between several to purchase an estate, etc 451 

" for the sale of goods, etc 452 

" between a master shipwright and his workmen. 453 

" to purchase growing timber 455 

" of one partner to relinquish his interest 456 

" to take down old house, etc 457 

" between merchant and bookkeeper 458 

" to sell patent commodities 469 

" to hold parts of a ship, etc 465 

" to engrave cuts.. 466 

" between several to purchase estate 470 

Apprenticeship, indenture of 438 

Assignment 448 

" of debt or bond 426 

" of mortgage 426 

" of dower 426 

" of debtor, in trust 426 

(477) 



478 INDEX. 

Aesignment, oath to ^7 

" of patent 460 

■ ** by administrator to partner 461 

" of money due for freight 468 

" of sailor's wages 468 

Attorney, power of.. 418 

" revocation of. 419 

Award on submission 417 

Bequests and devises 389 

Bill of sale, form of .417 

" " " of vessel 449 

Building, specifications for 424 

Bond, common. . . . , 428 

'* by assignee 448 

" condition to convey when of age 462 

" lost, release of 428, 464 

" condition to maintain a person 428, 465 

" condition of indemnity for signing 429 

" condition by a treasurer 429, 463 

" condition to town to support bastard 429 

" condition to woman to support bastard 430 

" of submission 417 

" of surety to merchant 471 

" to permit wife to live separate 472 

' "of licensed innholders and victualers 874 

Certificates of various forms 473 

Condition, common, in bond 428 

" by treasurer 429 

" to support bastard 429 

Covenants, in lease 436, 437 

Declaration of trust 427 

Deed, warrantee 433 

" mortgage 430 

" personal property 431 

" quitclaim 432 

" by attorney 434 

** of partition 435 

" of gift 435 

" by tax collector 443 

" by sheriff. 466 

" by administrator 467 

Demands, release of. 440 

" release of, brief form.,.. 441 



INDEX. 479 

Depositions 413 

" caption of. 413 

" in perpetuam 414 

" form of statement 414 

" form of notice 415 

" certificate annexed 415 

Dissolution of partnership 421 

Executor, appointment of, in testimonium 450 

Guarantee for payment of goods 419 

Guardian, appointment of. 470 

Insolvent debtors 445 



Lease, form of 436 

" brief 437 

" covenant to pay half taxes 436 

" covenant not to overstock 437 

" covenant to manage well 437 

" covenant not to till, except, etc 437 

" covenant not to keep tavern 437 

Marriage settlement. . ■ 439 

Mortgage deed 430 

" personal 431 

" waiver of seisin 469 

Notice, by landlord, to quit 437 

" by chairman of referees 416 

'• of dissolution of partnership 421 

" when one leaves partnership 421 

Partnership, agreement of. 419 

" agreement to continue 420 

" agreement to relinquish 456 

" dissolution of. 421 

" dissolution, notice of 421 

" notice when one leaves 421 

" limited 422 

Payment of goods, guaranty for 419 

Power of attorney 418 

Proxy, to vote 439 



480 . INDEX. 



of all demands , 440 

" brief form of. 44I 

Return, annual, by selectmen 444 

Revocation of attorney 419 

Selectmen, annual return of. 444 

Settlement, marriage 439 

Specifications for building 424 

Submission, form of. 416 

acknowledgment of. 416 

demand annexed to 416 

notice by chairman 416 

bond on 417 

award on 417 

Table of chances of life 476 

Trust , declaration of. 427 

Wills, attestation of. 450 

" commencement of 450 



,4 



Si^ 



.0 "^"^'^ 



i 









I 




nilK^.Iiil,,?'' CONGRESS 



021 051 797 2 



